Hari Singh And Ors vs Sdm., Life Insu. Corpn And Anr
2022 Latest Caselaw 4499 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.

S.B. Civil Writ Petition No. 9968/2017

1. Hari Singh S/o Late Shri Padam Singh Chohan, aged 73 years, R/o Parsoli, Tehsil Begun, Dist.- Chittorgarh Rajasthan.

2. Divya D/o Late Shri Shakti Singh, aged 19 years, R/o Parsoli, Tehsil Begun, Dist.- Chittorgarh Rajasthan.

3. Himanshu Singh S/o Late Shri Shakti Singh, aged 19 years, R/o Parsoli, Tehsil Begun, Dist.- Chittorgarh Rajasthan. Through His Guardian Grandfather, Hari Singh S/o Late Shri Padam Singh Chohan, R/o Parsoli, Tehsil Begun, Dist.- Chittorgarh Rajasthan.

----Petitioners Versus

1. Senior Divisional Manager, Life Insurance Corporation Of India, Divisional Office, Ajmer.

2. Divisional Manager, Life Insurance Corporation Of India, Divisional Office, Udaipur.

----Respondents

For Petitioner(s) : Mr. Ankit for Mr. S.S.Sisodia.

For Respondent(s)            :     Mr. Gopal Bose.



        HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

                                        Order

23/03/2022

The case is listed in the category of orders, however, with

the consent of counsel for the parties, the present writ petition is

being heard finally and decided at this stage itself.

The present writ petition has been filed seeking the following

reliefs:

"(a) By an appropriate writ, order of direction of this Hon'ble Court, the impugned order, 01.05.2017, 25.05.2017 and 03.07.2017 (ANNEX.12) issued by respondents may kindly be declared unsustainable and the same may kindly be quashed and set aside.

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(b) That the respondents may kindly be directed to disburse the policy amount with interest till date against the policy nos. 182655542, 181019519 and 181019214.

(c) Any other appropriate order or direction, which this Hon'ble Court considers just and proper in the facts and circumstances of this case, may kindly be passed in favour of the petitioner."

Brief facts necessary to be narrated are that the petitioner

No.1 is father of late Shakti Singh Chouhan and petitioners No.2 &

3 are daughter and son of late Shakti Singh Chouhan. Deceased

Shakti Singh Chouhan was an employee of Education Department

and was posted as Teacher. Shakti Singh Chouhan was murdered

by his wife Smt. Devlata. She was convicted by the trial court for

the offence punishable under section 302 of IPC and sentenced to

undergo life imprisonment. Shakti Singh had got three insurance

policies to cover risk of his life and in these insurance policies, the

nominee was his wife namely Smt. Devlata. After the murder of

Shakti Singh Chouhan, the nominee was convicted by the

competent court and she is presently undergoing sentence of life

imprisonment. When the petitioners approached the respondents

for releasing payment of insurance amount in pursuance of the

certificates issued by them, the respondents communicated that

since the certificates bear the name of Smt. Devlata in the column

of nominee, therefore, the petitioners No.2 & 3 are not entitled to

get the amount. The petitioners, therefore, filed an affidavit duly

sworn in by Devlata wherein she stated that the entire amount of

insurance policies of deceased Shakti Singh Chouhan may be

awarded to their daughter Divya Chouhan and son Himanshu

Chouhan in the ratio of 50% each. Guardianship certificate issued

under sections 6 & 8 of Guardian and Wards Act, 1980 by Family

Court, Chittorgarh on 03.06.2014 was also produced before the

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respondents showing the fact that petitioners No.2 & 3 are legal

heirs of deceased Shakti Singh Chouhan. Despite these two

documents having been produced before the respondents, the

amount of insurance cover policies of deceased Shakti Singh

Chouhan was not paid to the petitioners No.2 & 3. Therefore, the

present writ petition has been filed by the petitioners seeking

direction to the respondents to disburse the amount due to the

petitioners No.2 & 3 on account of the insurance policies nos.

182655542, 181019519 and 181019214.

Learned counsel for the petitioners submits that despite

documents being produced by the petitioners showing their

entitlement to receive the benefits of the insurance policies of late

Shri Shakti Singh Chouhan, the benefits are being denied to them.

Learned counsel further submits that vide order dated 01.05.2017

(Annex.12), the respondents are insisting for production of

succession certificate for paying the benefits of insurance Policies

of Late Shri Shakti Singh Chouhan. Learned counsel further

submits that affidavit of Devlata and order dated 03.06.2014

passed by Judge, Family Court, Chittorgarh conclusively show that

petitioners Divya and Himanshu Singh are entitled to receive the

benefits of the insurance policies in this case. He, therefore, prays

that the writ petition filed by the petitioners may kindly be allowed

and amount due towards insurance policies of late Shri Shakti

Singh Chouhan may kindly be ordered to be paid to them.

Learned counsel respondents submits that although Devlata

has been convicted for the offence punishable under section 302

of IPC, therefore, she is not entitled to receive any amount against

the policies of her husband yet the petitioners No.2 & 3 are

entitled to receive the amount, if they obtain a legal evidence of

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title to the deceased murder(s) estate provided no evidence is

contained in the proceedings of criminal case or the judgment to

provide the policy was a wagering contract. He further submits

that since the document of succession in favour of petitioners No.2

& 3 has not been produced, therefore, the respondents have

rightly not paid the amount due against the insurance policies of

deceased Shri Shakti Singh Chouhan. He, therefore, prays that the

writ petition filed by the petitioners may be dismissed for not

producing requisite documents showing any entitlement towards

the sum due from the respondents.

I have considered the submissions made at the bar and gone

through relevant record of the case.

The admitted fact in the case is that the murder of deceased

Shakti Singh Chouhan was committed at the hands of his wife

Devlata who was the nominee in the insurance policies taken by

the deceased. The fact that Devlata has given an affidavit that the

money due to her in the capacity of nominee of the insurance

policies may be disbursed in the ratio of 50% each to Miss Divya

and Himanshu Singh (petitioners No.2 & 3) is on record. Further, it

is noted that in conformity with the provisions to get the claims in

case of such contingencies i.e. if the insured person is murdered

then a person is required to place on record a legal document

showing that he is legal heir of the policy holder. The relevant

portion of clause 27 of LIC's Manual on investigation of early death

claims reads as under:-

"If the nominee under a policy is convicted on the charge of murder of the life assured or abetment thereof, the policy moneys would become payable to the person or persons obtaining legal evidence of title to the deceased murder (s) estate, provided no evidence is contained in the

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proceedings of the criminal case or the judgment to provide the policy was a wagering contract".

It is also noted that the respondents on account of the claims

being submitted normally get the same investigated through the

investigating officials of their department to verify the fact about

the death and the surviving persons in the family who are entitled

to get the claims. The exercise so undertaken is for the simple

reason that if a person is insured with the respondents and in case

of death or murder to establish the fact of death and dependency

of the person, an inquiry is conducted. Further, the provision is

only to produce a document of legal evidence of title of deceased

murder (s) estate for the purpose to show that the person who is

coming before the respondents is legally entitled to have that

money. In the present case, when the certificate/affidavit had

been issued under the signatures of Devlata is not disputed for

disbursing the amount in the ratio of 50% each to the petitioners

No.2 & 3 and the certificate of guardianship issued by the Family

Court, Chittorgarh dated 03.06.2014 produced by the petitioners

shows that the petitioners No.2 & 3 are daughter and son of the

deceased Shakti Singh Chouhan clearly establish the fact that they

are entitled to get the amount of policies. To get the facts verified

at the hands of respondents, there are sufficient means provided

in the scheme itself for getting the matter inquired through their

investigating officers. Since, no adverse report has come in this

case, therefore, the claims of the petitioners No.2 & 3 cannot be

denied on account of non production of any succession certificate.

The documents supplied by the petitioners sufficiently goes to

show that they are the legal heirs of deceased Shakti Singh

Chouhan. The respondents cannot stick to the ceremonies that

unless the certificate of succession is provided, the amount of

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insurance policies cannot be paid to the petitioners. This court is

constraint to observe that the insurance policies are framed to

make the people tide over the situation of crises, therefore,

sticking to the technicalities will defeat the purpose for which a

person gets the insurance cover. It should only be endeavor of the

insurance company to verify the fact that the amount of insurance

cover is paid to the correct person. This court finds that in the

present case, petitioners No.2 & 3 are the legal heirs of deceased

Shakti Singh Chouhan and they are entitled to receive the claims

of the policies. Moreover, even the respondents have failed to

bring on record anything which shows that other than the

petitioners No.2 & 3, has come forward to claim the amount of

insurance cover after the murder of the Shakti Singh Chouhan.

In view of the discussions made above, the writ petition is

allowed and the order dated 01.05.2017 (Annex.12) is quashed.

The respondents are directed to pay the life insurance cover

amount (death benefits) of deceased Shakti Singh Chouhan of

policies nos. 182655542, 181019519 and 181019214 to the

petitioners No.2 & 3 as per law, without insisting for succession

certificate.

It is made clear that the exercise of releasing due amount of

above insurance policies be completed within a period of four

weeks from today.

(VINIT KUMAR MATHUR),J 39-Anil Singh/-

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