State Bank Of India v. Darbara Singh And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-32866-2024 (O&M) Decided on : 25.02.2026 STATE BANK OF INDIA . .Petitioner

Versus

DARBARA SINGH AND ORS . . . Respondents CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI HON'BLE MR. JUSTICE VIKAS SURI PRESENT: Mr. Akshay Jain ,Advocate for the petitioner- SBI. Mr. Arshit Goel, Advocate and Mr. Ajay Sheoran, Advocate for the respondent No. 1 & 2.

Mr. Pankaj Gupta, Senior Panel Counsel for respondents No. 4 & 5 -UOI.

Mr. Navdeep Singh, Senior Advocate with Ms. Roopan Atwal, Advocate for the respondent No. 3. **** HARSIMRAN SINGH SETHI , J. (Oral) 1.

In the present petition, the challenge is to the impugned orders passed by respondent No. 6-Armed Forces Tribunal, Regional Bench, Chandigarh (herein after referred to as 'the Tribunal') i.e. order dated 20.11.2024 (Anneuxre P-2) passed in MA(E)-702 of 2019 and also the order dated 04.09.2017 (Annexure P-1) passed in TA No. 04 of 2016 which orders are based upon the consent given by the learned counsel for respondent No.2- mother of the deceased Soldier and the learned Senior counsel for the respondent No. 3-Manpreet Kaur.

2.

Learned counsel appearing on behalf of the petitioner submits

CWP-32866-2024 (O&M) -2that the respondent No. 3-wife of the deceased soldier and respondent No. 2-Mother of the deceased soldier have amicably settled their issues pending between them and it is submitted to the Court that, with regard to the claim of the Group Insurance Scheme, the same will be disbursed to all the legal heirs as per the Hindu Succession Act, 1956. 3.

Learned counsel for the respondent No. 2-mother of the deceased soldier and the learned Senior counsel for the respondent No. 3wife of the deceased soldier submit that with regard to the service benefit admissible qua the service rendered by the deceased soldier-NK Jagtar Singh, the respondent No. 3-wife of the deceased soldier will be entitled for the same including the special family pension. 4.

Learned Senior counsel for the respondents -wife and respondent-mother submits that henceforth, the special family pension in totality will be paid to the wife of the deceased soldier and any amount that has already been received by the mother of deceased soldier, will be retained by the mother of deceased soldier only and the same will not be demanded back by the wife of the deceased soldier even if, she is entitled to the same. 5.

Keeping in view the totality of the circumstances, once, the parties i.e. respondent-wife of the deceased soldier and respondent-mother of the deceased soldier have already settled their issues amicably, the present petition is disposed of in the above terms by setting aside both the impugned orders passed by the Tribunal.

7.

It is further directed that as the amount of Group Insurance scheme will be divided on the basis of the succession law but as there are only two legal heirs of the deceased soldier i.e. the wife of the deceased soldier and the mother of the deceased soldier, the said amount of Group

CWP-32866-2024 (O&M) -3Insurance Scheme will be divided equally between the wife of the deceased soldier and the mother of the deceased soldier. 8.

Learned Senior counsel for the respondents No. 3-wife, undertakes that the amount directed to be paid under this order, which becomes the entitlement of the mother of the deceased soldier qua the total amount received under the Group Insurance Scheme, will be released in the favour of the mother by adjusting any amount, if any, already paid qua admissible insurance amount, within the period of eight weeks from the date of receipt of certified copy of this order.

9.

The present petition is disposed of in above terms. 10.

Pending civil miscellaneous application, if any, stands disposed of.

(HARSIMRAN SINGH SETHI) JUDGE ( VIKAS SURI ) JUDGE 25.02.2026 Riya Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No