Order No. 04   Dt.03.02.2015

            Both the parties are present. Today is fixed for filing amendment petition and Ld. Advocate for the petitioner filed amendment petition stating that she had one minor daughter in the wedlock of her diseased husband and also there that is mother-in-law that is the mother of my diseased husband is still alive. The petitioner is present and w/s filed by Insurance Company stated in the written statement that the legal heir also claimed their right and that is why claim was disbursed. Both the advocates agreed by saying that the amendment petition be allowed on consent.

          I then proceed with evidence of this case. PW-1 is examined From the evidence and also from petition of complaint and also from W/V, it is crystal clear that the petitioner did not disclose regarding her minor daughter in the wedlock of diseased husband and also the existence of mother-in-law, mother of the diseased.

          The written version of the Insurance Company IFFCO Tokyo General Insurance Company Ltd. also reflected all these things.

          When the P.W.-1 made all these statements on DOC the case is compromised and there is no deficiency as the mother-in-law who is legal heir of the property of the diseased son as first-class heir, then the property of the diseased that is the Insurance Policy amount will be divided into three equal shares.

          Ld. Advocate for the Insurance Company submits that they will be disbursed the amount in equal shares that is the petitioner will get Rs.33000/- and the minor daughter will get Rs. 33000/- and mother will get Rs.34000/-  and the minors share of Rs. 33000/- will be deposited in a Nationalized Bank in fixed deposit for minor daughter till her attending majority and in the meantime the interest will be withdrawn by the mother for education and other expenditure of minor daughter. The O.P. will issue three cheques as per above mentioned amount within one month i/d 9% interest in default.

          Hence, it is ordered that the said case Malda D.F.C. Case No. 32/2014 is thus disposed of in this manner.  

          Let a copy of this order be served to both parties free of cost.