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Judgment
The petitioners who are legal heirs of late Fasalu Povil, who was working in a Vocational Higher Secondary School, approached the 1st respondent
through the 2nd respondent for the amount due under the State Insurance Policy due to the deceased.
The 1st respondent has thereupon issued Ext.P5 order informing the 2nd respondent that Succession Certificate/ Certificate of Administration has
to be made available for processing the claim towards the State Insurance Policy (SLI claim) in respect of late Fasalu Povil.
The petitioners submit that Succession Certificate is not necessary, relying on Ext.P6 judgment of this Court in W.P.(C) No.22219/2008.
I heard the learned Government Pleader also.
It is seen that the amount due under the SLI claim is only a sum of Rs.1,64,522/-. As per the orders now in force, the monitory limit of the claims,
which can be allowed on the basis of legal heirship certificate, is not more than Rs.5 lakhs.
In the said circumstances, there is no reason for the 1st respondent to insist for a Succession Certificate. As pointed out by the learned counsel for
the petitioner, Ext.P6 judgment rendered in 2008 at a time when the monitory claims admissible on the basis of legal heirship certificate was Rs.1 lakh
also supports the case of the petitioner. Now that the monitory limits have been enhanced by the Government, the action of the 1st respondent in
insisting the Succession Certificate is illegal.
The writ petition is allowed directing the 1st respondent to process the SLI claim in Exts.P3 and P4 on the basis of Ext.P2 legal heirship certificate and
to see that the amount is disbursed to petitioners without any further delay.