IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:7.8.2008 CORAM; THE HONOURABLE MR.JUSTICE P.JYOTHIMANI W.P.NO.10598 of 2007 and W.P.No.19728 OF 2007 M.P.No.1 of 2007 in W.P.No.10598 of 2007 W.P.No.10598/2007 V.Seetha ..Petitioner vs 1.The Regional Manager National Insurance Company Limited 190, Hameed Building 2nd Floor, Anna Salai Chennai 600 006 2.The Personnel Manager National Insurance Company Limited 190, Hameed Building 2nd Floor, Anna Salai Chennai 600 006 3.The Divisional Manager National Insurance Company Ltd., Door No.AD-1, 2nd Avenue Anna Nagar, Chennai 600 040 4.The Branch Manager National Insurance Company Ltd., Pulla avenue Aminjikarai, Chennai 600 029 5.Tmt.V.Vijayalakshmi 6.V.Keerthika(minor) D/o Late V.vijayakumar rep.by her mother & Natural Guardian ..Respondents https://hcservices.ecourts.gov.in/hcservices/ W.P.No.19728/2007 1.Tmt.V.Vijayalakshmi 2.V.Keerthika(minor)D/o Late V.Vijayakumar rep.by her mother & natural Guardian Tmt.V.Vijayalakshmi ..Petitioners vs. 1.The Deputy General Manager National Insurance Company Ltd., Chennai Regional Office 190, Anna Salai Chennai 600 002 2.The Personnel Manager National Insurance Company Ltd., 190, Anna Salai Chennai 600 002 3.The Divisional Manager National Insurance Company Ltd., Door No.AD-1, 2nd Avenue Anna Nagar, Chennai 600 040 4.The Branch Manager National Insurance Company Ltd., Pulla Avenue Aminjikarai Chennai 600 029 5.V.Seetha ..Respondents W.P.No.10598/2007 is filed under Article 226 of the Constitution of India for the issue of writ of Mandamus directing the respondents 1 to 4 to consider and pass orders on the representation made by the petitioner dated 26.2.2007 in connection with disbursement of equal share over the terminal benefits, insurance amount from L.I.C. of India, bearing policy No.716994215 and 716995049 and cash deposited in the General Insurance Employees Co-operative Society, payable to the deceased, son of the petitioner namely Vijayakumar. W.P.No.19728/2007 is filed under Article 226 of the Constitution of India for the issue of writ of Mandamus directing the respondents 1 to 4 to disburse the legally entitled death benefits and pension to https://hcservices.ecourts.gov.in/hcservices/ the petitioners, within the time stipulated by this Hon'ble Court. for petitioner in W.P.No.10598/2007 and 5th respondent in W.P.No.19728/2007 : Mr.R.Chandrasekaran for R1 to R3 in W.P.No.10598/2007 and for R2 & R3 in W.P.No.19728/2007 : Mr.John for M/s T.S.Gopalan & Co., for R5 and R6 in W.P.No.10598/2007 and for petitioners in W.P.No.19728/2007 : Ms.S.Thamizharasi COMMON ORDER The petitioner in W.P.No.10598/2007 is the mother of one late V.Vijayakumar while the petitioners in W.P.No.19728/2007 are the wife and daughter respectively of the said V.Vijayakumar. The said late V.Vijayakumar was employed under National Insurance Company Limited, in its branch at Aminjikarai, as a record clerk. He died in harness on 21.1.2007 leaving behind him the petitioners in W.P.No.19728/2007 being the wife and child and his mother-petitioner in W.P.No.10598/2007 as his legal heirs. The grievance is that the 4th respondent-National Insurance Company is to pay the termination benefits in respect of the death of its employee V.Vijayakumar and it is for a direction to make such payment, the wife and child have filed Writ Petition including the payment of death benefits, pension, etc. On the other hand, the mother who is the petitioner in W.P.No.10598/2007 also claimed her share in the terminal benefits apart from the insurance amount due from the L.I.C. and some cash deposited in General Insurance Employees Co-operative Society. 2. The learned counsel for the respondents 1 to 4 in both the writ petitions would submit while it is true that late V.Vijayakumar was an employee in the National Insurance Company and he died in harness, the said respondents were unable to consider the claim of his mother, the petitioner in W.P.No.10598/2007 for the reason that its employee V.Vijayakumar has nominated his wife, the first petitioner in W.P.No.19728/2007 as his nominee. Therefore, unless https://hcservices.ecourts.gov.in/hcservices/ and until the competent court gives a direction it is not possible for the respondents 1 to 4 to disburse the amount stated to be the share to the mother, namely, the petitioner in W.P.No.10598/2007. 3. It is also submitted by the learned counsel for the petitioner in W.P.No.10598/2007 that the amount due from L.I.C., has been paid to the wife of the deceased and only amount to be payable is the terminal benefits by the respondents 1 to 4 in respect of the death of its employee V.Vijayakumar apart from pension. It is not in dispute the pension is payable to the wife, petitioner in W.P.No.19728/2007. The dispute is in respect of terminal benefits. It is also not in dispute that the deceased has left only the petitioner in W.P.No.10598/2007 being his mother and petitioners in W.P.No.19728/2007 being his wife and daughter respectively as his 1st class legal heirs under the Hindu Succession Act. As far as the respondents 1 to 4, they are unable to pay the share to the mother of the deceased directly since the deceased has nominated only the wife. Therefore, Court order is necessary for the disbursement of the share to the mother. In view of the same, the writ petitions are disposed of with the following directions: (i) The respondents 1 to 4 shall pay the pension amount due to the first petitioner in W.P.No.19728/2007 due to the death of its employhee-V.Vijayakumar directly. (ii)In respect of the terminal benefits to be payable due to the death of V.Vijayakumar, it is for the petitioner in W.P.No.10598/2007 to approach the competent Civil Court and on the direction of the competent civil court, the respondents 1 to 4 shall disburse the share to her as per the direction of the Civil court. (iii)Pending disposal by such Civil suit, the respondents 1 to 4 are directed to deposit 1/3 of the amount of terminal benefits lying with them due to the only daughter of V.Vijayakumar, namely the 2nd petitioner in W.P.No.19728/2007 to any of the nationalised bank initially for a period of three years in a Fixed deposit with liberty to the 1st petitioner Mrs.V.Vijayalakshmi, to receive interest periodically once in three months. (iv) On production of the civil court decree, the respondents 1 to 4 shall pass appropriate orders and disburse the share of the petitioner in W.P.No.10598/2007. Till then the 1/3rd share shall be deposited with a Nationalised Bank on fixed deposit initially for a period of 2 years with right to the petitioner to receive interest periodically once in 3 months. https://hcservices.ecourts.gov.in/hcservices/ (vi) 1/3rd share due to the wife of the deceased, namely, the first petitioner in W.P.No.19728/2007 shall be paid by the respondents 1 to 4 directly to the wife since she is the nominee. No costs. Consequently, connected pending M.P. is also disposed of. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar sal To 1.The Regional Manager National Insurance Company Limited 190, Hameed Building 2nd Floor, Anna Salai Chennai 600 006 2.The Personnel Manager National Insurance Company Limited 190, Hameed Building 2nd Floor, Anna Salai Chennai 600 006 3.The Divisional Manager National Insurance Company Ltd., Door No.AD-1, 2nd Avenue Anna Nagar, Chennai 600 040 4.The Branch Manager National Insurance Company Ltd., Pulla avenue Aminjikarai, Chennai 600 029 5.The Deputy General Manager National Insurance Company Ltd., Chennai Regional Office 190, Anna Salai Chennai 600 002 https://hcservices.ecourts.gov.in/hcservices/ 1 CC To Mr.R.Chandrasekaran, Advocate, SR NO.43180 1 CC To Ms.S.Thamizharasi, Advocate, SR NO.45331 1 CC To M/s T.S.Gopalan & Co., Advocate, SR NO.43495 W.P.NOs.10598/2007 and 19728/2007 and M.P.No.1 of 2007 in W.P.No.10598/2007 ssm(co) pmk/29.8.2008. https://hcservices.ecourts.gov.in/hcservices/