Haryana

Yamunanagar

CC/284/2024

Pooja Rani Wd/o Naresh Kumar - Complainant(s)

Versus

Life Insurance Corporation Of India - Opp.Party(s)

Tejveer Dhingra

15 Oct 2024

ORDER

CC No.284 of 2024.

Pooja Rani vs. LIC.

 

Present:       Sh.Tejveer Dhingra, Adv. for complainant.

                    Sh.Sandeep Bhoria, Adv. for opponent.

                  

                   Counsel for complainant conceded, the release of claim amount by the opponent qua insurance policy Ex.C.4 in favour of the nominee (father of the insured) and as per the written statement amount was released on 23.2.2024 and release of claim amount under the particular insurance policy after the death of the life assured in favour of his/her nominee by the insurance company cannot be equated with act of negligence, deficiency in service. Since, the claim amount under the policy Ex.C.4 has already been released in favour of the nominee of the life assured recorded in the policy Ex.C.4, therefore, present complaint becomes infructuous and is liable to be dismissed. However, it is well settled principle of law, nominee is trustee of the money qua the legal heir of the life assured and if the nominee under the policy being trustee has not disbursed the claim amount to the class-1 legal heir of the LA or in the absence of class-1 legal heir, the class-II legal heir concerned can sue the nominee for his/her share in the claim amount in the Civil Court concerned, because nominee cannot supersede the law of succession.  View of this Commission is fully supported by the law laid down by the Hon’ble Supreme Court of India in case AIR 1984 SC 346 titled as Smt. Sarabati Devi vs. Smt. Usha Devi.  The present complainant being mother of Smt. Pooja (original complainant) if advised so, may sue nominee under the policy Ex.C.4 for her share, if any, in the claim amount. The complaint is dismissed, it being having infructuous, leaving the parties to bear their own cost of litigation.

2.                Certified copy of this order be supplied to the parties concerned free of costs.

3.                File be consigned to the records.  

                                                                                      President,

                                                                                      DCDRC, YNR,

L. Member                       Member                               15.10.2024.

 

 

 

Typed by: Gaphoor Deen, Asstt.