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Madras High CourtWP(MD)/15632/2015disposed of

T. Nesamani v. The Zonal Manager,

2016-12-19Honourable Mr Justice K. Ravichandrabaabu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.12.2016

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P(MD)No.15632 of 2015 and M.P(MD)No.1 of 2015 T.Nesamani .. Petitioner vs.

1.The Zonal Manager, Life Insurance Corporation of India, 102, Anna Salai, Chennai - 600 002.

2.The Branch Manager, Life Insurance Corporation of India, Divisional Office, Utthamapalayam Branch Theni District.

3.The Senior Divisional Manager, Life Insurance Corporation of India, Divisional office, Sellur, Madurai District.

4.T.Lakshmi (R4 is impleaded vide court order dated 04.10.2016 in WMP(MD)No.13660 of 2016) ... Respondents PRAYER:

Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus directing the respondents to approve petitioner as well as minor child Gopika as Legal Heirs and appointed as nominees and pay petitioner's deceased husband death benefit of LIC Bonds from 16.09.11 and to other related benefits on the basis of the petitioner's representation dated 21.8.2015 with in the time fixed by this Court.

For Petitioner : Mr. V.Mahendran For R1 to R3 : Mr. C.Godwin For R4 : No Appearance

O R D E R

The petitioner seeks for a Mandamus directing the respondents to approve her as well as her minor child Gopika as Legal Heirs and nominees of her deceased husband to receive death benefit of LIC Bonds from 16.09.2011 and to other related benefits, on the basis of her representation dated 21.8.2015.

2.Pending disposal of the writ petition, the petitioner and the fourth respondent filed a joint memo, dated 08.11.2016, singed by them as well as by the respective counsels stating as follows: "(2) The petitioner and the 4th respondent jointly states that the present writ petition was filed by the petitioner to seek to direct the respondents 1 to 3 to disburse the amount of the LIC policies (746624110, 746624111, 746624112, 746624113, 746624114 and 746624118) of the deceased my husband by granting a one third each to the petitioner and her minor child and the 4th respondent mother-in-law of the deceased.

(3) The 4th respondent has been impleaded in this writ petition by the direction of this Hon'ble Court.

(4) The 4th respondent has no objection to disburse death benefits to her daugher-in-law and granddaughter. The deceased is the son of the 4th respondent, the petitioner is the daughter-in-law.

(5) The petitioner and the 4th respondent jointly states that this Hon'ble Court may be pleased to direct the respondents 1 to 3 to disburse the LIC benefits one third each to the petitioner and her minor child and the 4th respondent mother-in-law of the deceased. It is therefore prayed that this Hon'ble Court may be pleased to accept this joint memo filed by the both parties and thus render justice."

3.The learned counsel appearing for the LIC submitted that through proceedings, dated 30.11.2016, certain documents were sought for by the LIC for processing death claim. Therefore, he submitted that once those documents are furnished, the death claim will be disbursed as per the terms of the joint memo, dated 08.11.2016.

4.The learned counsel appearing for the petitioner submitted that those documents sought for by the LIC would submitted by the petitioner without any further delay.

5.Considering the facts and circumstances of the case, the writ petition is disposed of with the following directions:- (a) the petitioner shall furnish the documents sought for by the LIC in the proceedings dated 30.11.2016, within a period of two weeks from the date

of receipt of a copy of this order.

(b) on receipt of those documents, the LIC shall disburse the claim in accordance with the terms of joint memo filed by the petitioner and the fourth respondent, dated 08.11.2016, within a period four weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.

Sd/ Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar.

To, 1.The Zonal Manager, Life Insurance Corporation of India, 102, Anna Salai, Chennai - 600 002.

2.The Branch Manager, Life Insurance Corporation of India, Divisional Office, Utthamapalayam Branch Theni District.

3.The Senior Divisional Manager, Life Insurance Corporation of India, Divisional office, Sellur, Madurai District.

+1CC to M/S.C.Godwin, Advocate, SR.No. 81721 +4CC to M/S.V.Mahendran, Advocate, SR.No. 81709 W.P(MD)No.15632 of 2015 19.12.2016 skn AM/SKN/SAR-3/03.01.2017/3P/9C