V.Seetha v. National Insurance Company Limited

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:7.8.2008CORAM;THE HONOURABLE MR.JUSTICE P.JYOTHIMANIW.P.NO.10598 of 2007 and W.P.No.19728 OF 2007M.P.No.1 of 2007 in W.P.No.10598 of 2007W.P.No.10598/2007V.Seetha..Petitionervs1.The Regional ManagerNational Insurance Company Limited190, Hameed Building2nd Floor, Anna SalaiChennai 600 0062.The Personnel ManagerNational Insurance Company Limited190, Hameed Building2nd Floor, Anna SalaiChennai 600 0063.The Divisional ManagerNational Insurance Company Ltd.,Door No.AD-1, 2nd AvenueAnna Nagar, Chennai 600 0404.The Branch ManagerNational Insurance Company Ltd.,Pulla avenueAminjikarai, Chennai 600 0295.Tmt.V.Vijayalakshmi6.V.Keerthika(minor)D/o Late V.vijayakumarrep.by her mother & Natural Guardian..Respondents https://hcservices.ecourts.gov.in/hcservices/ W.P.No.19728/20071.Tmt.V.Vijayalakshmi2.V.Keerthika(minor)D/o Late V.Vijayakumarrep.by her mother & natural GuardianTmt.V.Vijayalakshmi..Petitionersvs.1.The Deputy General ManagerNational Insurance Company Ltd.,Chennai Regional Office190, Anna SalaiChennai 600 0022.The Personnel ManagerNational Insurance Company Ltd.,190, Anna SalaiChennai 600 0023.The Divisional ManagerNational Insurance Company Ltd.,Door No.AD-1, 2nd AvenueAnna Nagar, Chennai 600 0404.The Branch ManagerNational Insurance Company Ltd.,Pulla AvenueAminjikaraiChennai 600 0295.V.Seetha..RespondentsW.P.No.10598/2007 is filed under Article 226 of the Constitutionof India for the issue of writ of Mandamus directing the respondents1 to 4 to consider and pass orders on the representation made by thepetitioner dated 26.2.2007 in connection with disbursement of equalshare over the terminal benefits, insurance amount from L.I.C. ofIndia, bearing policy No.716994215 and 716995049 and cash depositedin the General Insurance Employees Co-operative Society, payable tothe deceased, son of the petitioner namely Vijayakumar. W.P.No.19728/2007 is filed under Article 226 of the Constitutionof India for the issue of writ of Mandamus directing the respondents1 to 4 to disburse the legally entitled death benefits and pension to https://hcservices.ecourts.gov.in/hcservices/ the petitioners, within the time stipulated by this Hon'ble Court. for petitioner inW.P.No.10598/2007and 5th respondent inW.P.No.19728/2007: Mr.R.Chandrasekaranfor R1 to R3in W.P.No.10598/2007 and for R2 & R3 in W.P.No.19728/2007 : Mr.John for M/s T.S.Gopalan & Co., for R5 and R6 in W.P.No.10598/2007and for petitioners inW.P.No.19728/2007 : Ms.S.ThamizharasiCOMMON ORDERThe petitioner in W.P.No.10598/2007 is the mother of one lateV.Vijayakumar while the petitioners in W.P.No.19728/2007 are the wifeand daughter respectively of the said V.Vijayakumar. The said lateV.Vijayakumar was employed under National Insurance Company Limited,in its branch at Aminjikarai, as a record clerk. He died in harnesson 21.1.2007 leaving behind him the petitioners in W.P.No.19728/2007being the wife and child and his mother-petitioner inW.P.No.10598/2007 as his legal heirs. The grievance is that the 4threspondent-National Insurance Company is to pay the terminationbenefits in respect of the death of its employee V.Vijayakumar and itis for a direction to make such payment, the wife and child havefiled Writ Petition including the payment of death benefits, pension,etc. On the other hand, the mother who is the petitioner inW.P.No.10598/2007 also claimed her share in the terminal benefitsapart from the insurance amount due from the L.I.C. and some cashdeposited in General Insurance Employees Co-operative Society. 2.The learned counsel for the respondents 1 to 4 in both thewrit petitions would submit while it is true that late V.Vijayakumarwas an employee in the National Insurance Company and he died inharness, the said respondents were unable to consider the claim ofhis mother, the petitioner in W.P.No.10598/2007 for the reason thatits employee V.Vijayakumar has nominated his wife, the firstpetitioner in W.P.No.19728/2007 as his nominee. Therefore, unless https://hcservices.ecourts.gov.in/hcservices/ and until the competent court gives a direction it is not possiblefor the respondents 1 to 4 to disburse the amount stated to be theshare to the mother, namely, the petitioner in W.P.No.10598/2007. 3.It is also submitted by the learned counsel for thepetitioner in W.P.No.10598/2007 that the amount due from L.I.C., hasbeen paid to the wife of the deceased and only amount to be payableis the terminal benefits by the respondents 1 to 4 in respect of thedeath of its employee V.Vijayakumar apart from pension. It is not indispute the pension is payable to the wife, petitioner inW.P.No.19728/2007. The dispute is in respect of terminal benefits.It is also not in dispute that the deceased has left only thepetitioner in W.P.No.10598/2007 being his mother and petitioners inW.P.No.19728/2007 being his wife and daughter respectively as his 1stclass legal heirs under the Hindu Succession Act. As far as therespondents 1 to 4, they are unable to pay the share to the mother ofthe deceased directly since the deceased has nominated only the wife.Therefore, Court order is necessary for the disbursement of the shareto the mother. In view of the same, the writ petitions are disposedof with the following directions:(i) The respondents 1 to 4 shall pay the pensionamount due to the first petitioner in W.P.No.19728/2007due to the death of its employhee-V.Vijayakumar directly.(ii)In respect of the terminal benefits to bepayable due to the death of V.Vijayakumar, it is for thepetitioner in W.P.No.10598/2007 to approach the competentCivil Court and on the direction of the competent civilcourt, the respondents 1 to 4 shall disburse the share toher as per the direction of the Civil court.(iii)Pending disposal by such Civil suit, therespondents 1 to 4 are directed to deposit 1/3 of theamount of terminal benefits lying with them due to theonly daughter of V.Vijayakumar, namely the 2nd petitionerin W.P.No.19728/2007 to any of the nationalised bankinitially for a period of three years in a Fixed depositwith liberty to the 1st petitioner Mrs.V.Vijayalakshmi,to receive interest periodically once in three months.(iv)On production of the civil court decree, therespondents 1 to 4 shall pass appropriate orders anddisburse the share of the petitioner inW.P.No.10598/2007. Till then the 1/3rd share shall bedeposited with a Nationalised Bank on fixed depositinitially for a period of 2 years with right to thepetitioner to receive interest periodically once in 3months. https://hcservices.ecourts.gov.in/hcservices/ (vi) 1/3rd share due to the wife of the deceased,namely, the first petitioner in W.P.No.19728/2007 shallbe paid by the respondents 1 to 4 directly to the wifesince she is the nominee.No costs. Consequently, connected pending M.P. is also disposed of.Sd/Asst.Registrar/true copy/Sub Asst.RegistrarsalTo1.The Regional ManagerNational Insurance Company Limited190, Hameed Building2nd Floor, Anna SalaiChennai 600 0062.The Personnel ManagerNational Insurance Company Limited190, Hameed Building2nd Floor, Anna SalaiChennai 600 0063.The Divisional ManagerNational Insurance Company Ltd.,Door No.AD-1, 2nd AvenueAnna Nagar, Chennai 600 0404.The Branch ManagerNational Insurance Company Ltd.,Pulla avenueAminjikarai, Chennai 600 0295.The Deputy General ManagerNational Insurance Company Ltd.,Chennai Regional Office190, Anna SalaiChennai 600 002 https://hcservices.ecourts.gov.in/hcservices/ 1 CC To Mr.R.Chandrasekaran, Advocate, SR NO.431801 CC To Ms.S.Thamizharasi, Advocate, SR NO.453311 CC To M/s T.S.Gopalan & Co., Advocate, SR NO.43495W.P.NOs.10598/2007 and 19728/2007andM.P.No.1 of 2007 inW.P.No.10598/2007ssm(co)pmk/29.8.2008.