Andhra Pradesh High Court - Amravati
Gopireddy Subbamma vs The Life Insurance Corporation Of ... on 5 July, 2022
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION No.1045 of 2022
ORDER:
One late Sri Gopireddy Raja Sekhar had subscribed to
L.I.C Policy No.677918730, with the 3rd respondent, which is a
branch of the 1st respondent. Sri Gopireddy Raja Sekhar passed
away on 23.09.2021. On account of his demise, the 1st
respondent is liable to pay out the policy amount in accordance
with the terms of the policy.
2. The terms of the policy require the 1st
respondent/3rd respondent, to pay out the policy amount, to the
nominee specified in the policy. In the present case, the nominee
is respondent No.4, who is the wife of late Sri Gopireddy Raja
Sekhar. The petitioners, who are the mother and father of Sri
Gopireddy Raja Sekhar have filed this writ petition contending
that they are also legal heirs of late Sri Gopireddy Raja Sekhar
and they are entitled to a share in the policy amount that is to
be paid out by the 1st respondent/3rd respondent.
3. The 3rd respondent has filed a counter affidavit
stating that the amounts are payable to the nominee, as
specified under the policy, and that there is no responsibility on
the 1st respondent/3rd respondent, to pay out the sums to any
other person including legal heirs of the deceased/policy holder.
4. Before adverting to the respective merits and rights
of the parties, it is necessary to note that Sri Gopireddy Raja
Sekhar left behind his parents on one hand and his wife and
daughter on the other hand. As Sri Gopireddy Raja Sekhar
passed away, intestate, as admitted on all sides, his class-I legal
heirs would be his mother who is the 1st petitioner, his wife who
is the 4th respondent and his daughter, who is the 5th
respondent. This would mean that the 2nd petitioner would not
have any right or share over the said policy amount.
5. In that view of the matter, the 1st petitioner, the 4th
respondent and the 5th respondent would have an equal 1/3rd
share each on the estate of Sri Gopireddy Raja Sekhar.
6. The question of entitlement of the legal heirs of a
deceased/policy holder have been considered earlier by the
Hon'ble Supreme Court as well as various other High Courts. It
would be sufficient for the purpose of this writ petition, to
consider the Judgment of the Hon'ble High Court of Patna in the
case of Khushboo Gupta vs. The Life Insurance Corporation
of India and Ors.,1 and the Judgment of this Court dated
03.02.2021 in W.P.No.4843 of 2019 in the case of Smt. Sayyad
Shamshad vs. Union of India.
7. In the Judgment delivered by this Court, in similar
circumstances, it was held that the respondents 4 and 5 apart
from the 1st petitioner would be entitled to 1/3rd share of the
policy amount that the money would have to be initially
deposited with the nominee mentioned in the policy, that is, the
2019(204)AIC 744; MANU/BH/1812/2019
4th respondent and thereafter, the 1st petitioner would be
entitled for payment of 1/3rd share of the policy amount.
8. In the circumstances, this writ petition is disposed
of with a direction to the 1st respondent/3rd respondent, to
release the policy amount into the account of the 4th
respondent. Thereafter, the 4th respondent shall release 1/3rd
share of the amount received in favour of the 1st petitioner.
There shall be no order as to costs.
As a sequel, pending miscellaneous petitions, if any, shall
stand closed.
____________________________
R. RAGHUNANDAN RAO, J.
05.07.2022
RJS
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION No.1045 of 2022
05.07.2022
RJS
