THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.35662 of 2014
Dated : 05.12.2014
Between:
Avula Vijaya W/o.Ramulu, Aged about 60 yrs, Occu : Housewife, R/o.H.No.42-67, Maruthi Nagar, Mandamarri, Adilabad District & another.
.. Petitioners And The Life Insurance Corporation of India, Rep., by its Divisional Manager, Karimnagar Division, Karimnagar & 2 others .. Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.35662 of 2014
ORDER :
The 1st petitioner is mother and 2nd petitioner is the son of late A. Raj Kumar. Late A. Raj Kumar was an employee of Singareni Collaries Company Limited. During his life time, he has enrolled in several policies of Life Insurance Corporation. He died on 20.11.2011. The petitioners claim that the proceeds of Insurance policies should be given to them. On the contrary, the respondent-Corporation is seeking to release those proceeds to one Avula Sujatha (3rd respondent) who claims herself as the 2nd wife of Late A. Raj Kumar. The petitioners contend that the 3rd respondent is not the 2nd wife of the deceased and that they are alone entitled to receive the proceeds.
2. Learned Standing Counsel produced written instructions furnished to him vide letter dated 25.11.2014 which would disclose that all the policies from out of which the petitioners are seeking to release the proceeds have “Lapsed-without paid-up value”. Therefore, nothing is payable. It is further stated that Ms. Sujatha is shown as nominee of those policies.
3. Learned Standing Counsel therefore, submits that if the petitioners are disputing the status of Ms.Sujatha, as the wife of the deceased and disputing the stand of the respondent- Corporation that those policies have lapsed, they have to work out their remedies in common law. There was no illegality committed by the Life Insurance Corporation, in not considering the request of the petitioners, in view of the above reasons.
4. The stand of respondent-Corporation is not disputed. Having regard to the stand of respondent-Corporation the relief sought by the petitioners, cannot be granted in this writ petition.
5. Accordingly, this Writ Petition is dismissed, leaving it open to the petitioners to work out their remedies in common law. There shall be no order as to costs.
6. Miscellaneous petitions, if any, pending in this writ petition, shall stand dismissed.
P.NAVEEN RAO,J 05th December, 2014
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