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2000 DIGILAW 579 (PAT)

Anita Kumari @ Anita Verma v. Life Insurance Corporation Of India Through The Divisional Manager, Bhagalpur

2000-04-13

S.K.KATRIAR

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Judgment 1. Heard learned counsel for the parties. 2. This writ petition is by a hapless widow whose husband died on 11.6.93. As per the insurance policy, he was 25 years of age on 15.2.87, the date of issuance of the policy, meaning thereby that he was about 31 years of age on the date of his death. The mother of the deceased was the nominee under the policy who also died on 25.4.90. Thereafter the present petitioner in the capacity of widow of the deceased, submitted her claim before the Life Insurance Corporation (hereinafter referred to as the Corporation). As is manifest from Annexure-1, the deceased was insured for a sum of rupees one lac. The Corporation directed the petitioner to submit a succession certificate. She applied for succession certificate for a sum of rupees one lac, being face value of the insurance policy which was granted by the District Judge, Nalanda, by his order dated 1.3.97 (Annexure-4). The same was duly submitted before the Corporation along with the original policy and the discharge voucher, as demanded by the Corporation. Thereafter, the Corporation called upon the petitioner on 31.3.97 to submit amended succession certificate i.e. for a sum of rupees two lacs, stating that the petitioner was entitled to a further sum of rupees one lac, being accidental claim. The petitioner has not been able to obtain the same and, therefore, the amount could not be released. 3. Learned counsel for the Corporation submits that the claim is admitted, but the succession certificate was confined to a sum of rupees one lac. In view of the fact that a further sum of rupees one lac was payable to the petitioner, being accidental claim, the petitioner was called upon to submit an amended succession certificate. He next submits that under the guidelines for settlement of claims the petitioner would be entitled to interest at the rate of 9% from the date of submission of the succession certificate, provided there is no need for an amended certificate. 4. Having considered the rival submissions, I am of the view that this writ petition has to be allowed. This Court is of the view that the Corporation was not justified in calling upon the petitioner to submit the amended succession certificate. 4. Having considered the rival submissions, I am of the view that this writ petition has to be allowed. This Court is of the view that the Corporation was not justified in calling upon the petitioner to submit the amended succession certificate. Law is well settled that succession certificate is obtained with respect to the face value of the investment or the insurance policy, as is the present case, and not the interest accrued thereupon or other consequential benefits like the present accidental claim. In that view of the matter, the Corporation was not right in calling upon the petitioner to submit an amended succession certificate. Secondly, it is not possible to agree with the contention of the learned counsel for the respondent Corporation that interest shall accrue from the date of submission of the succession certificate. Interest is always payable from the date the amount became due notwithstanding the time taken in completing the formalities. Thirdly, the interest at the rate of 9% in the present case appears to this court to be inadequate. 5. In that view of the matter respondent no.2 (the Divisional Manager, Life Insurance Corporation of India, Bhagalpur Divisional Office), is hereby directed to release the sum of rupees two lacs with interest accrued thereupon and any solatium or ex-gratia payment if any, found payable in the facts and circumstances of the present case w.e.f. 11.6.93, the date of death of the petitioners husband till the date of payment. This Court expects respondent no.2 to reconsider the rate of interest applicable in the present case for various reasons; namely, the Corporation was not right in asking for succession certificate in the facts and circumstances of the present case; secondly, the petitioner has been left high and dry in life at a very young age; thirdly, about 7 years have elapsed since the death of her husband and she has not so far received the payment and had to move this court. Fourthly, interest at the rate of 9% appears to be inadequate. This Court expects that respondent no.2 shall take the final decision and release the entire payment in one instalment within a period of two months from today. 6. The writ petition is accordingly allowed with the above observations.