L. Leela vs C. Kollammai

THE above appeal is filed against the order passed by the District Forum Kanyakumari, wherein a direction is issued to the effect that the wife of the deceased/2nd opposite party/appellant herein is entitled to receive a sum of Rs. 70,000, and the Complainant/1st respondent herein who is the mother of the deceased Velayutham is entitled to receive a sum of Rs. 30,000 out of the Group Insurance Scheme.

THE deceased Velayutham is member and subscriber of the Group Insurance Scheme, arranged and entered into between the 1st and 3rd opposite party. Consequent to the death of the above said Velayutham, in the course of the disbursement of the amount, the dispute arose with regard to the apportionment of the said amount. THE 3rd opposite party viz. the LIC of India, was not in a position to disburse the amount for want of Advance Payment Receipt from the legal heirs of the deceased Velayutham. THE mother of the deceased has preferred the complaint before the District Forum for the payment of the amount as per the provisions of the Hindu Succession Act. THE said complaint was resisted by the 2nd opposite party, viz. the wife of the deceased by placing reliance upon the Government Order to the effect that she alone is entitled for the entire amount. THE District Forum, after hearing the parties and on perusal of records has passed an order to the effect that the complainant/1st Respondent herein is entitled for a sum of Rs. 30,000 and the 2nd opposite party/appellant viz. the wife of the deceased is entitled for a sum of Rs. 70,000. Aggrieved by the said order, the present appeal is filed.

A perusal of the order of the District Forum discloses that the amount shall be disbursed as per the Hindu Succession Act. The District Forum has negatived the claim of the 2nd opposite party / appellant herein to the effect that she is entitled for entire amount in terms of the Government Order. We do not see any infirmity or illegality with regard to the order passed by the District Forum. It is not in dispute that whenever the estate of a deceased Hindu is liable to be disbursed, the Hindu Succession Act comes into play. The Government Orders, which is relied upon by the appellant herein cannot overrule the Hindu Succession Act. Accordingly we do not see any reason to interfere with the order of the District Forum.

HOWEVER, considering the facts and circumstances of the case, we are inclined to modify the order passed by the District Forum in the following terms: The appellant/2nd opposite party, is entitled for a sum of Rs. 75,000 and the complainant/1st respondent is entitled to a sum of Rs. 25,000. The appeal is disposed off in the above terms. Appeal disposed of.