1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.03.2011 CORAM THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.P.(MD).No.2286 of 2011 1.Vasanthi 2.Smt.Sivakamiammal 3.M.Jeyarahini (Minor aged 11 years D/o.Late. K.Marimuthu) 4.M.Jeyashuka (Minor aged 9 years D/o.Late.K.Marimuthu) ... Petitioners (Minor petitioners 3 & 4 through their mother and next friend the 1st petitioner Vasanthi) Vs 1.The Manager, (LIC of India), Divisional Office, Jeevan Prakash, Post Box.No.183, Tirunelveli-627 002. 2.The Branch Manager, (LIC of India), Rajapalayam Road, Sankarankovil, Tirunelveli-627 756. 3.The Secretary, Prime Minister of India Relief Fund, Post Box.No.5411, New Delhi-110 011. ... Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents to disburse the insurance claim of the deceased Late K.Marimuthu vide Insurance Policy No.320585159 in favour of legal heirs, namely, Vasanthi, Smt.Sivakamiammal, M.Jeyarahine (minor) and M.Jeyashuka (minor) herein within a stipulated time. For Petitioner : Mrs.M.Sathiamoorthy For R.2 : Mr.Ravindran Addl.Solicitor General for Mr.K.K.Senthivelan Asst.Solicitor General of India https://hcservices.ecourts.gov.in/hcservices/ 2 ORDER The petitioners are the legal heirs of the deceased K.Marimuthu. The petitioner's husband had insured his life with the Life Insurance Corporation of India (in short 'LIC') under Policy No.320585159, who died intestate due to his illness on 06.11.2005. Subsequently, when the petitioners, being the legal representatives of the deceased, sent a legal notice to the second respondent to settle the claim amount in favour of them. However, the second respondent has informed the petitioner that the policy had valid nomination in favour of Prime Minister's Relief Fund and thus, they will settle the amount to the nominee only. Thereafter, she made many representations to all the respondents herein and the last representation was on 01.12.2010 sent to the Ombudsman, Chennai. In the mean while, he received a reply from the first respondent stating that due to nomination, the amount cannot be paid to the petitioners. Aggrieved over the same, the petitioners preferred the present Writ Petition. 2. The petitioners would mainly contend that as the legal representatives are very much available, it is not open to the LIC to pay the amount to the nominee, especially, the nominee here is the Prime Minister's National Relief Fund and the petitioners are alone entitled to get the amount and nominee cannot be paid. Hence, the petitioners are before this Court for a Mandamus to disburse the insurance claim of the deceased K.Marimuthu to them. 3. Mr.K.K.Senthilvelan, learned Assistant Solicitor General of India (South) took notice and brought to the notice of this Court that as per the instructions dated 14.03.2011, even though the claim amount was paid to the Prime Minister's National Relief Fund, they have returned the amount to L.I.C stating that since the insured amount could be of value to the petitioners, a sympathetic view could be taken by the Court and the Prime Minister's National Relief Fund has no role to play in the Writ Petition. Heard all the parties. By consent, the Writ Petition itself is taken up for final disposal. 4. At the out set, it is worthwhile to mention that Mr.Ravindran, learned Additional Solicitor General of India appearing for the learned Assistant Solicitor General of India (South) would contend that on notice from this Court, the Assistant Solicitor General of India (South) has immediately taken steps to get instruction as to whether the Prime Minister's Relief Fund, is accepting the LIC fund as nominee. It is also worthwhile to mention that the Office of the Prime Minister's Relief Fund has immediately sent a communication on 14.03.2011 returning the amount of the deceased, even though the LIC has sent a cheque on the basis of nomination to the Prime Minister's National Relief Fund stating that the insured amount could be of value to the petitioners, who are the legal representatives of the deceased. The petitioner also points out that the legal representatives of the family is reeling under poverty with two female children and they are in dire need of the money from the LIC. 5. In view of the above, since the very nominee, namely, the Prime Minister's National Relief Fund has returned the cheque to the LIC stating that the petitioners are in dire need of the amount, recording appreciation of their nice gesture, suffice to state that the Life Insurance https://hcservices.ecourts.gov.in/hcservices/ 3 Corporation of India shall forthwith pay the claim amount of the deceased to the legal representatives of the petitioner. With the above direction, this Writ Petition stands allowed. Sd/- Deputy Registrar(Accounts) /TRUE COPY/ Assistant Registrar To 1.The Manager,(Claims) (LIC of India), Divisional Office, Jeevan Prakash, Post Box.No.183, Tirunelveli-627 002. 2.The Branch Manager, (LIC of India), Rajapalayam Road, Sankarankovil, Tirunelveli-627 756. 3.The Secretary, Prime Minister of India Relief Fund, Post Box.No.5411, New Delhi-110 011. +1cc to Mr.M.Sathiamoorthy, Advocate SR.No.7398 +1cc to Mr.K.K.Senthil Velan, Advocate SR.No.7717 +1cc to Mr.S.R.Neelakantan, Advocate SR.No.7379 W.P.(MD).No.2286 of 2011 ssm PA/05.04.2011/3P/7C(IT) https://hcservices.ecourts.gov.in/hcservices/