IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 26.07.2010 CORAM: THE HON'BLE MR.JUSTICE D. HARIPARANTHAMAN W.P.No.10820 of 2009 1. Mrs.G.Lakshmi 2. Master.G.Abishek Minor rep.by his mother and natural guardian Mrs.G.Lakshmi. .. ..Petitioners Vs. 1. Life Insurance Corporation, City Branch, Office No.24, Door No.9, Yaada Complex, Purasawakkam, Chennai-7. Cause title amended as per order dated 21.10.2009 in M.P.Nos 2 and 3 of 2009 in W.P.No.10820 of 2009. 2. V.Chelvambal .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India for the issuance of writ of Mandamus, directing the first respondent to disburse the moneys assured under the Life Insurance Policy bearing No.717522256 to the first petitioner, second petitioner and the second respondent equally within such time as may be stipulated by this Court. For petitioner : Mr.J.Ram For R1 : Mr.M.Vaidyanathan For R2 : Mr.V.R.Appaswamee. O R D E R The first petitioner's husband Tr.V.Gopalakrishnan took insurance policy bearing No.717522256 dated 20.03.2006 for a sum of Rs.1,00,000/-. https://hcservices.ecourts.gov.in/hcservices/ 2.The first petitioner got married to the said Gopalakrishnan on 28.08.2006. Due to the wedlock, the second petitioner was born. The first petitioner's husband met with an accident on 13.09.2008, and succumbed to injury. At the time of taking policy, marriage did not take place and hence the second respondent, the mother of the husband was shown as a nominee. Now the LIC has not disbursed 2/3 assured amount to the petitioners on the ground that the nomination is in favour of the second respondent. The first petitioner made a representation dated 18.07.2009, requesting the first respondent to disburse 2/3 assured amount to the petitioners. Later on, the petitioners issued a lawyer notice dated 20.05.2009 demanding 2/3 of the assured amount. Since the first respondent did not pay the amount as demanded, the petitioners have filed this present Writ Petition praying for direction to the first respondent, to pay them 2/3 of the assured amount. 3.Notice of motion was ordered on 05.03.2010. 4.The learned counsel appearing for the second respondent states that the second respondent has no objection for granting 2/3 of the assured amount to the petitioners and that the first respondent should pay her 1/3 assured amount. The learned counsel for the first respondent states that there is no dispute relating to entitlement of Rs.1,00,000/- to the nominee. Since, the second respondent has no objection for payment of 2/3 amount to the petitioners, the learned counsel for the first respondent states that if the petitioners submit the Death Certificate of the policy holder and produce original LIC policy, the first respondent would pay the amount within a period of three weeks thereafter. 5.In these circumstances, the writ petition is disposed of with a direction to the petitioners to approach the first respondent with all the necessary documents such as, original LIC policy, Death Certificate etc., and to submit the same along with the application claiming the assured amount in Policy No.717522256 dated 20.03.2006 taken in the name of Mr.Gopalakrishnan and the first respondent is directed to pay 2/3 assured amount to the petitioners and 1/3 amount to the second respondent within a period of three weeks thereafter. The writ petition is disposed of with the above directions. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar https://hcservices.ecourts.gov.in/hcservices/ kkd To The Officer Concerned, Life Insurance Corporation, City Branch, Office No.24, Door No.9, Yaada Complex, Purasawakkam, Chennai-7. 1 cc To Mr.V.R.Appaswamee, Advocate, SR.54108 1 cc To Mr.J.Ram, Advocate, SR.54094. 1 cc To Mr.M.Vaidyanathan, Advocate, SR.54572. W.P.No.10820 of 2009 BV(CO) sra 29/07/2010 https://hcservices.ecourts.gov.in/hcservices/