Patna High Court
Sneham Sagar vs The Life Insurance Corporation Of ... on 12 August, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19769 of 2021
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Sneham Sagar Son of Prem Prasad Singh Resident of Village Narayanpur,
P.O.- Birnalkhan Sen, P.S. Mahua, District- Vaishali at present residing at H
No. 6, Gali No. 4, Maqsudan, Sabzi Mandi, New Sheetal Nagar, Jalandhar- I,
District- Jalandhar, Punjab
... ... Petitioner/s
Versus
1. The Life Insurance Corporation of India through its Zonal Manager, East
Central Zone, Jeevan Deep Building, Exhibition Road, Patna
2. The Zonal Manager, Life Insurance Corporation of India, East Central Zone,
Jeevan Deep Building, Exhibition Road, Patna.
3. The Regional Manager (CRM/ CLAIMS/ ANNUITIES), Life Insurance
Corporation of India, East Central Zone, Jeevan Deep Building, Exhibition
Road, Patna.
4. The Senior Divisional Manager, Muzaffarpur Divisional Office, Life
Insurance Corporation of India, Jeevan Prakash, Uma Shankar Prasad Marg,
PO Ramana, Muzaffarpur.
5. The Manager (CRM- Claims), Muzaffarpur Divisional Office, Life
Insurance Corporation of India, Jeevan Prakash, Uma Shankar Prasad Marg,
PO Ramana, Muzaffarpur.
6. The Branch Manager, Life Insurance Corporation of India, Muzaffarpur
Branch- II, Opposite Ram Krishna Ashram BIADA, Bela Muzaffarpur.
7. The State Bank of India through its Chief General Manager, Local Head
Office, Judges Court Road, Patna.
8. The Chief General Manager, State Bank of India, Local Head Office, Judges
Court Road, Patna.
9. The Branch Manager, State Bank of India, Judges Court Road Branch,
Patna.
10. The Branch Manager, State Bank of India, Judges Court Road Branch,
Patna.
11. The Branch Manager, State Bank of India, Kasba Branch, District- Purnea.
12. The Indian Bank through its Zonal Manager, Zonal Office, Buddha Marg,
Patna High Court CWJC No.19769 of 2021 dt.12-08-2022
Patna.
13. The Branch Manager, Indian Bank, West Gandhi Maidan Branch, Patna.
14. The Bank of India through its Dy. General Manager, Bank of India (Patna
Zone), Chanakya Tower, 1st Floor, Patna
15. The Branch Manager, Bank of India, Madhubani Bazar Branch, Purnea.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Mayank Rukhaiyar, Advocate
For the Respondent/s : Mr.Sanjiv Kumar, Advocate
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR)
(The proceedings of the Court are being conducted through Video
Conferencing and the Advocates joined the proceedings through Video
Conferencing from their residence.)
Date : 12-08-2022
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
" i. For issuance of a writ preferably a writ in the nature
of Writ of Mandamus commanding the Respondents 1
set to pay to the Petitioner money secured by policy no.
856937811 on the unfortunate death of the policy holder
i.e., his wife namely Priyanka Kumari.
ii. For issuance of a Writ preferably a Writ in the nature
of Writ of Mandamus commanding the Respondents 2 nd,
3rd & 4th Set to allow the Petitioner to withdraw the
money left in the saving bank accounts of his deceased
wife Priyanka Kumari.
iii. For a direction upon the respondents restraining
them from making any payment from the sum assured
against the policy and the money in the bank account of
the deceased wife of the Petitioner to any other person
including the nominee during the pendency of the
present Writ Application.
Patna High Court CWJC No.19769 of 2021 dt.12-08-2022
iv. For any other relief or reliefs for which the Petitioner
is found entitled to."
Petitioner is husband of late Priyanka Kumari, who
was a constable in Bihar police and unfortunately died in a road
accident. She was married to petitioner on 07.07.2021 and died
on 06.09.2021 just two months after her marriage.
Late Priyanka Kumari, before her marriage had open
following bank accounts, in which she made her mother as
nominee:-
(i) Savings Bank Account No. 37955294659 at Judges
Court Road Branch, State Bank of India, Patna.
(ii) Savings Bank Account No. 31831462405 at Kasba
Branch, State Bank of India, District- Purnea.
(iii) Savings Bank Account No. 6901290192 at West
Gandhi Maidan Branch, Indian Bank, Patna.
(iv) Savings Bank Account No. 584210110004261 at
Madhubani Bazar Branch, Bank of India, Purnea.
(v) Late Priyanka Kumari took an Insurance Policy being
Insurance Policy No. 856937811 issued on 28.07.2020 from Life
Insurance Corporation of India, in which she made her mother as
nominee.
Property movable or immovable devolves upon the
legal heirs of deceased as per Hindu Succession Act.
Nomination made under the Insurance Act is merely an
authorization to receive the amount secured under the policy
upon death of insured person.
Counter affidavit has been filed by LIC in which it
has been stated that in absence of proper succession certificate,
the claim of petitioner cannot be entertained as he is not a
Patna High Court CWJC No.19769 of 2021 dt.12-08-2022
nominee in the policy. As per Hindu Succession Act, 1956,
mother is also a class I heir and she has also right over the
amount of death claim.
The writ petition is disposed of with liberty to
claimants to obtain succession certificate from the court of
competent jurisdiction and on basis of said succession
certificate, respondent bank and the LIC shall release and
apportion the amount to the legal heirs as indicated in
succession certificate.
(Sanjay Karol, CJ)
( S. Kumar, J)
veena/rajiv-
AFR/NAFR
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