IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 WP(C).No. 22616 of 2007(P) -------------------------------------- PETITIONER: ------------------- ANUPAMA A., D/O.ARUNAN N., AGED 24 YEARS KOZHITHODATHU HOUSE, EAST KALLADA P.O., KOLLAM. BY ADVS. SRI.K.RAMAKUMAR (SR.), SRI.T.RAMPRASAD UNNI, SRI.R.JAYACHANDRAN. RESPONDENTS: ----------------------- 1. THE LIFE INSURANCE CORPORATION OF INDIA, REPRESENTED BY ITS CHAIRMAN, HEAD OFFICE, MUMBAI. 2. DIVISIONAL OFFICE, THE LIFE INSURANCE CORPORATION OF INDIA, PATTOM, THIRUVANANTHAPURAM, REPRESENTED BY ITS SENIOR MANAGER. *ADDL.R3. SARASAMMA, AGED 70 YEARS, W/O. LATE PARAMU, THENGUVILA THEKKETHIL, MUTHUPILAKAD, PORUVAZHI.P.O., KOLLAM DISTRICT. *IMPLEADED AS PER ORDER DTD. 18/10/07 IN I.A. NO. 13633/07. **ADDL.R4. BIJIMOL A.S, D/O. N. KRISHNAN, ANIL SADANAM, PULIYILA, NALLILA.P.O., KOLLAM DISTRICT. W.P.(C). NO.22616/2007-P: **ADDL.R5. SHILPA, MINOR, REPRESENTED BY HER MOTHER AND GUARDIAN, BIJI MOL. A.S., D/O. N. KRISHNAN, ANIL SADANAM, PULIYILA, NALLILA.P.O., KOLLAM DISTRICT. **IMPLEADED AS PER ORDER DTD. 18/11/08 IN I.A. NO. 14347/08. R1 & R2 BY ADV. SRI.LAL GEORGE, ADDL. R3 BY ADV. SRI.V.PHILIP MATHEW, ADDL. R4 & R5 BY ADV. SRI.B.MOHANLAL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/12/2008, ALONG WITH WPC NO. 11852 OF 2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.22616/2007-P: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE DEATH CERTIFICATE IN RESPECT OF PETITIONER'S LATE HUSBAND. EXT.P.2: COPY OF THE CERTIFICATE OF MARRIAGE OF THE PETITIONER WITH HER LATE HUSBAND. EXT.P.3: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE RESPONDENTS. EXT.P.3.A: COPY OF THE POSTAL ACKNOWLEDGMENT FOR EXT.P.3. RESPONDENTS' EXHIBITS: EXT.R2.A: COPY OF THE SUICIDE NOTE, ADDRESSED TO THE SUPERINTENDENT OF POLICE, KOLLAM DTD. 08/02/2007. EXT.R2.B: COPY OF THE F.I.R. DTD. 09/02/2007. EXT.R2.C: COPY OF THE F.I. STATEMENT. EXT.R2.D: COPY OF THE REPRESENTATION SUBMITTED MRS. BIJIMOL 14/02/2007. EXT.R2.E: COPY OF THE REPRESENTATION SUBMITTED BY THE MOTHER OF THE DECEASED SMT. SARAMMA. EXT.R2.F: COPY OF THE RELEVANT PORTION OF LIFE INSURANCE CORPORATION OF INDIA RECRUITMENT (OF CLASS III AND CLASS IV STAFF) INSTRUCTIONS 1993. EXT.R2.G: COPY OF THE RELEVANT PORTION OF CLAUSE 16 OF LIFE INSURANCE CORPORATION OF INDIA RECRUITMENT ( OF CLASS III AND CLASS IV STAFF) INSTRUCTIONS 1993. //TRUE COPY// P.S. TO JUDGE. prv. P.N.Ravindran, J. ===================== W.P(C).Nos.11852 & 22616 of 2007 ============================ Dated this the 4th day of December, 2008. JUDGMENT Common question arises in these Writ Petitions. They were therefore heard together and are being disposed of by this common judgment. For the sake of convenience, the parties are referred to as they are arrayed in W.P.(C) No.11852 of 2007. The brief facts are as follows: 2. The petitioner's son late P.Rajan was an employee of the Life Insurance Corporation of India, hereinafater referred to as the “Corporation” for short. He had initially married Smt. Bijimol, the fourth respondent and in that marriage, a daughter by name Kum.Shilpa, presently aged 9 years was born. The marriage between Sri.P.Rajan and the fourth respondent was dissolved by mutual consent in O.P.(H.M.A.) No.147 of 2005 on the file of the Family Court, Kottarakkara. Sri.P.Rajan thereafter married Smt.Anupama, the third respondent, who is the petitioner in W.P.(C) No.22616 of 2007 on 26.8.2006. Within a few months thereafter, on 8.2.2007, Sri.P.Rajan committed suicide. In this Writ Petition, the petitioner, who is the mother of late P.Rajan has prayed for a writ in the nature of mandamus directing the Corporation to WP(C) Nos.22616/07 & 11852/07 -: 2 :- disburse to her the terminal benefits payable to late P.Rajan. She has also prayed for a direction to the respondents not to disburse any portion of the terminal benefits to respondents 3 and 4. Smt.Anupama, wife of late P.Rajan has filed W.P.(C) No.22616 of 2007 claiming appointment under the dying-in-harness scheme. She contends that as the legally wedded wife of late P.Rajan, she is entitled to be appointed under the compassionate appointment scheme presently in force in the Corporation. 3. The Corporation has filed a detailed counter affidavit in both the Writ Petitions. The fourth respondent in W.P.(C) No.11852 of 2007 has also filed a counter affidavit. The counter affidavit filed by the Corporation discloses that late P.Rajan was entitled to receive the sum of Rs.14,86,786.92 towards retirement benefits and that besides the said sum, he was also entitled to receive the sum of Rs.4,29,167/- under three different policies of life insurance. It is stated that in the three life insurance policies, his mother Smt.Sarasamma, the petitioner in W.P.No.11852 of 2007 was shown as the nominee and that on the demise of Sri.P.Rajan, on her request, the amounts payable under the three life insurance policies were disbursed to her on 15.2.2007. It is further stated that the sum of Rs.7,22,398.61 was due from late P.Rajan to the Corporation on various counts. After adjusting the said sum, the legal heirs of late Rajan are entitled to receive the sum of WP(C) Nos.22616/07 & 11852/07 -: 3 :- Rs.7,64,388.31, it is stated. It is also stated that family pension at the rate of Rs.4,660/- per mensem together with dearness allowance for the period from 10.2.2007 to 9.2.2014 and thereafter at the rate of Rs.2,330/- per mensem plus dearness allowance as applicable from 10.2.2014 is also payable. It is also stated that late P.Rajan had nominated his first wife, the fourth respondent in this Writ Petition as the nominee entitled to receive the family pension. 4. The Apex Court has in Smt.Sarbati Devi and another v. Smt.Usha Devi - A.I.R. 1984 S.C. 346 held that a mere nomination made under Section 39 of the Insurance Act does not have the effect of conferring on the nominee any beneficial interest in the amount payable under the life insurance policy, on the death of the assured. It was held that the nomination only indicates the hand which is authorised to receive the amount on the payment of which the insurer gets a valid discharge of its liability under the policy. It was further held that the amount can be claimed by the heirs of the assured in accordance with the law of succession governing them. 5. It is not in dispute that late P.Rajan had divorced the fourth respondent and that the fourth respondent is no longer the wife of late P.Rajan. Therefore, she cannot claim any share in the terminal benefits payable to late P.Rajan or family pension. The parties are Hindus governed by the Hindu Succession Act, 1956. In view of Sections 8 and 9 WP(C) Nos.22616/07 & 11852/07 -: 4 :- of the Hindu Succession Act, 1956, Smt.Sarasamma, mother of late P.Rajan, Smt.Anupama, his wife and his daughter Kum.Shilpa (the child born to late Rajan in his first wife Smt.Bijimol) are the legal heirs who are entitled to a share in the estate of the deceased. Such being the situation, they will jointly be entitled to receive the sum of Rs.7,64,388.31 referred to in paragraph 9 of the counter affidavit filed on behalf of the Corporation. Similarly, they will also be entitled to the sum of Rs.4,29,167/-, being the amount payable under the life insurance polices, which the Corporation has already disbursed to Smt.Sarasamma, mother of late P.Rajan. The pleadings disclose that late P.Rajan was entitled to receive from the Corporation the sum of Rs.11,93,555/-. The said amount has to be shared equally by his mother, his wife and daughter. The petitioner herein, who is the mother of late P.Rajan has admittedly received the sum of Rs.4,29,167/-. She was entitled to receive only the sum of Rs.3,97,851/-. She has thus drawn an excess amount of Rs.31,316/-. Smt. Anupama, wife of late P.Rajan, who is the third respondent herein and Kum. Shilpa, minor daughter of late P.Rajan are entitled to receive Rs.3,97,851/- each. 6. In the light of the above facts, I dispose of W.P.(C) No.11852 of 2007 with the following directions: The Corporation shall within two months from today, disburse to Smt.Anupama and Kum. Shilpa the sum of Rs.3,97,851/- each. The amount payable to Kum. Shilpa (minor, aged WP(C) Nos.22616/07 & 11852/07 -: 5 :- 9 years), shall be deposited in a Nationalised Bank initially for a period of five years and shall be renewed periodically thereafter till she attains the age of majority. After Kum. Shilpa attains majority, it will be open to her to withdraw the said sum. It will be open to Smt.Bijimol, the fourth respondent in this Writ Petition to withdraw the interest portion of the amount thus lying in deposit in the name of Kum. Shilpa for the purpose of meeting the expenses for education of Kum. Shilpa. Smt. Sarasamma, the petitioner herein shall refund to the Corporation the sum of Rs.31,316/- which she has drawn in excess of her share. Refund as directed above shall be made within two months from today. If she does not refund the said sum as directed above, it will be open to the Corporation to recover it from her in other appropriate proceedings. As regards payment of family pension, the fourth respondent in this Writ Petition, who is no longer the wife of late Rajan cannot have any claim. The Corporation shall within two months from the date of receipt of a copy of this judgment take a decision as regards the person entitled to receive the family pension after notice to and affording Smt. Sarasamma, Smt. Anupama, and Kum. Shilpa, an opportunity to state their case. The Corporation shall after taking a decision in the matter disburse the arrears of the family pension to the person found entitled to receive the same and continue to pay the same so long as she remains entitled to receive the family pension. The fourth respondent in these Writ Petitions WP(C) Nos.22616/07 & 11852/07 -: 6 :- shall represent Kum. Shilpa (minor, aged 9 years), at the hearing held by the Corporation. If any one among the aforesaid three persons is aggrieved by the decision taken by the Corporation regarding the person entitled to receive the family pension, it will be open to her to question the same in other appropriate proceedings. 7. I shall now deal with the claim of the petitioner in W.P.(C) No.22616 of 2007, wife of late P.Rajan for appointment under the dying- in-harness scheme. The Corporation has filed a counter affidavit disputing her entitlement for such appointment on the ground that she had driven her husband to commit suicide. The Corporation has also stated in the counter affidavit that she is not medically fit for appointment in the Corporation. The petitioner in W.P.(C) No.22616 of 2007 however disputes the objections put forward by the Corporation to her request for appointment under the dying-in-harness scheme and contends that the Corporation is only interested in finding out reasons to deny her appointment under the dying-in-harness scheme. However, the pleadings disclose that apart from the disputing the entitlement of Smt.Bijimol, wife of late P.Rajan, who claims appointment under the dying-in-harness scheme, the Corporation has not yet passed final orders in the matter. In these circumstances, I dispose of W.P.(C) No.22616 of 2007 with a direction to the competent authority among respondents 1 and 2 to consider the petitioner's application for appointment under the WP(C) Nos.22616/07 & 11852/07 -: 7 :- dying-in-harness scheme and pass orders thereon within three months from the date of receipt of a copy of this judgment. If the petitioner in W.P.(C) No.22616 of 2007 is aggrieved by the decision taken by the Corporation on her application for appointment under the dying-in- harness scheme, it will be open to her to challenge the same in other appropriate proceedings. P.N.Ravindran, Judge. ess 13/12