A Delhi court has directed a man to pay half of the accidental death benefit payment, amounting to Rs. 11.57 lakh on a insurance policy, to the widow of his son.
The benefit amount had been credited to his account as he was the nominee of the his son’s policy.
He opposed paying the widow’s share, arguing that he paid the premium for the policy, and that was the reason that his son had made him the nominee.
His counsel submitted that the plaintiff (widow) has remarried his client’s nephew and the suit filed by her was only a tool to harass him. Counsel for the plaintiff argued that though the nomination of the said policy of her husband was in the name of his father-in-law, it did not defeat her right to inheritance as she was the Class-I heir.
The plaintiff, Gayatri, had married Arvind Kumar in November 2013. Her husband died in an accident in April 2014. He had a life insurance policy of Rs. 6 lakh.
Allowing Gayatri’s suit, Additional Sessions Judge Twinkle Wadhwa said: “It is settled through a catena of decisions that nomination under a policy cannot be equated to a will or a testimony document. A nominee thus does not become owner of the amount payable on maturity, or in this case on the death of the insured. He is only an agent to fulfil all procedural and documentary formalities to receive such amount as a trustee of legal heirs.”
“Plaintiff being wife of deceased along with mother of deceased, both are entitled to 50% of the sum of Rs. 11,57,600 as received under the LIC policy of the deceased. Plaintiff’s share being half is evaluated as Rs. 5,78,800,” the Judge said.
“Suit of the plaintiff is decreed for a sum of Rs. 5,78,800 along with interest at the rate of 5% per annum from the date of filing till actual payment to be paid by the father-in-law,” she said.
Nomination under a policy cannot be equated to a will or testimony docum-ent. A nominee does not become owner of the amount payable on maturity…
Additional Sessions Judge
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