JASPAL KAUR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is the mother of deceased-Lakhvir Singh, who died on 31-07-2006. The dispute between the parties is regarding the amount of the Army Group Insurance in which the petitioner is alleged to be a nominee.

(2.) It is well settled that nominee is in fact a trustee for the amount received for disbursement to all the legal heirs. Therefore, even if the petitioner is a nominee still the Group Insurance amount is to be appropriated amongst all the legal heirs. The legal heirs of the deceased-Lakhvir Singh are the petitioner and respondent No. 4, his widow. Therefore, the amount of the Army Group Insurance is to be disbursed to the petitioner and respondent No. 4 in equal shares. In fact that is the position accepted by the learned counsel for the petitioner and respondent No. 4 as well.

(3.) In view of the consent of the parties, we dispose of the present writ petition with direction to the official respondents to disburse the amount of insurance equally between the petitioner and respondent No. 4 expeditiously, preferably within a period of 3 months. Order accordingly.