Regupathi v. The Divisional Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.12.2024

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and W.M.P(MD)Nos.24550 & 24551 of 2024 Regupathi ... Petitioner /Vs./

1. The Divisional Manager Life Insurance Corporation of India, Jeevan Prakash, Bridge Station Road, Sellur, Madurai.

2. The Branch Manager Life Insurance Corporation of India, Thallakulam Branch, Madurai Division, Madurai.

3. Abinaya .. Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned proceedings Nil dated 23.08.2024 passed by the 2nd respondent and quash the same and consequently direct the respondents 1 and 2 not to disburse the claim amount in Policy No.326313207 and Policy No.326312226 to the 3rd respondent.

1/4

For Petitioner : Mr.K.Guhan For Respondents : Mr.S.Karthick Standing Counsel for R1 & 2

ORDER

This Writ Petition has been filed challenging the order passed by the second respondent dated 23.08.2024, whereby rejected the claim made by the petitioner under Policy No.326313207 and Policy No. 326312226 on the ground that the nominee is entitled for claim.

2. Heard the learned counsel on either side and perused the materials available on record.

3. One Nivas is the elder son of the writ petitioner. The said Nivas got married with the third respondent. Thereafter, there was misunderstanding between the petitioner's son and the third respondent. Due to which, on 11.07.2024, he consumed poison, immediately, he was taken to Government Rajaji Hospital, Madurai and unfortunately, he died on 14.07.2024. After his death, the petitioner came to know that he had taken insurance policy with respondents 1 and 2 in Policy No. 2/4

326313207 and Policy No.326312226. Therefore, the petitioner, who is being the mother of the deceased, submitted a representation to disburse the insurance claim amount to all the legal heirs. However, it was rejected on the ground that there was already nominee inducted by the insured. Therefore, the Insurance policy amount can be only disbursed to the nominee. That apart, the third respondent, who is being the wife of the deceased and the petitioner's son, who is having children. Therefore, it could be proper to disburse the insurance amount from the Civil Court. In view of the above, this Court finds no infirmity or illegality in the order passed by the second respondent and the writ petition is devoid of merits. Hence, this Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed. 05.12.2024 Internet : Yes/No NCC : Yes / No Index : Yes/No LS 3/4

G.K.ILANTHIRAIYAN , J.

LS TO:-

1. The Divisional Manager Life Insurance Corporation of India, Jeevan Prakash, Bridge Station Road, Sellur, Madurai.

2. The Branch Manager Life Insurance Corporation of India, Thallakulam Branch, Madurai Division, Madurai.

Order made in Dated:

05.12.2024 4/4