Maya Nayak Vs LIC Of India, Talcher Branch & Another

Orissa High Court 2 May 2023 Writ Appeal No. 1186 Of 2022 (2023) 05 OHC CK 0033
Bench: Division Bench
Result Published

Judgement Snapshot

Case Number

Writ Appeal No. 1186 Of 2022

Hon'ble Bench

Dr. S. Muralidhar, CJ; G. Satapathy, J

Advocates

Kousik Ananda Guru, P.K.Nayak

Final Decision

Dismissed

Judgement Text

Translate:

1. The present appeal is directed against an order dated 2nd August, 2022 passed by the learned Single Judge directing that Life Insurance Corporation of India (LIC) should disburse 1/3rd of the insurance money on the two LIC policies taken out by the deceased son of the present Appellant in favour of his widowed wife, 1/3rd in favour of his minor son (who is staying with the mother) and 1/3rd in favour of the present Appellant.

2. The grievance of the present Appellant is that since there is a police investigation underway regarding the alleged role of the daughter-in-law of the present Appellant in the death of her son, the money directed to be disbursed to the daughter-in-law should be kept in a fixed deposit.

3. It is seen that the FIR lodged against the daughter-in-law at the instance of the husband of the present Appellant on 6th January, 2019 is still being investigated by the police. It appears that despite the expiry of over four years thereafter, a charge-sheet is yet to be filed. In the circumstances, the impugned order of the learned Single Judge appears to be equitable and fair. No definitive conclusion could have been reached at this stage to deny the daughter-in-law even 1/3rd of the estate of her deceased husband considering that she has to maintain herself as well as the minor son living with her.

4. Consequently, the Court is not persuaded to interfere. The writ appeal is dismissed.

……………………….

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