K.Akila v. The General Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.01.2022

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P. No. 465 of 2022 and WMP.No.515 of 2022 K.Akila ... Petitioner

Versus

1 The General Manager, LIC Souther Zonal Office, LIC Building, No.153, Anna Salai, Chennai-2.

2. The Branch Manager, LIC Thiruvannamalai Division, No.58-A/1, Annasalai, Thiruvannamalai-601.

3. V.Lalli ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 2nd respondent to disburse 2/3rd share of the policy benefits in pursuance with the L.I.C. Policy bearing Policy No. 737465742 to the petitioner and her minor son based on the representation of the petitioner dated 01.12.2021 within a time to be stipulated by this court.

For Petitioner : Mr. V.Ramana Reddy

O R D E R

The present writ petition has been filed seeking a direction to the the 2nd respondent to disburse 2/3rd share of the policy benefits in pursuance with the L.I.C. Policy bearing Policy No. 737465742 to the petitioner and her minor son based on the representation of the petitioner dated 01.12.2021 within the time to be stipulated by this court.

2.The case of the petitioner is that her husband viz., one Santhosh died on 20.04.2021 due to ill-health. During his life

time, he purchased a policy at Life Insurance Corporation vide Policy No.737465742 in his name from the second respondent Branch for an early premium of Rs.22,785/- with a sum assured value of Rs.5,00,000/- While purchasing the said LIC Policy, the said Santhosh was unmarried, for which, he mentioned his mother as nominee viz., third respondent. The petitioner is the wife of the deceased Santhosh. After demise of her husband, the petitioner approached the second respondent along with her minor son and produced legal heir certificate for getting the benefits of the LIC Policy amount, which was taken by her husband during his life time. But the second respondent rejected the claim of the petitioner. In such circumstances, without having any other option, the petitioner has filed the present writ petition before this Court seeking the above said prayer.

3. Though very many grounds have been raised, learned counsel for the petitioner submitted that the petitioner and her minor son are entitled to receive the 2/3rd share of the policy amount and it would suffice if this Court directs the second respondents to consider the representation within the time frame as fixed by this Court.

4. Heard the learned counsel for the petitioner and perused the materials available on record. No adverse order is passed against the respondents and hence, the presence of the respondents is dispensed with.

5. Considering the facts and circumstances of the case, this court, without going into merits of the case, directs the second respondent to consider the representation dated 01.12.2021 and pass appropriate orders on merits and in accordance with law, after hearing the third respondent, within a period of eight weeks from the date of receipt of a copy of this order. The petitioner is also directed to make a fresh representation to the second respondent along with all the relevant documents also a copy of this order.

6. With the aforesaid directions, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar

rli To 1.The General Manager, LIC Souther Zonal Office, LIC Building, No.153, Anna Salai, Chennai-2.

2.The Branch Manager, LIC Thiruvannamalai Division, No.58-A/1, Annasalai, Thiruvannamalai-601.

+1cc to Mr.V.Ramana Reddy, Advocate Sr.2859 W.P. No. 465 of 2022 and WMP.No.515 of 2022 gpl[co] srg 04/02/2022