Successor If Named In An Insurance Policy, Certificate Is Not Binding, Instructions To Pay: Allahabad HC

Prayagraj, May 18 (TNA) The Allahabad High Court has held that if the wife is named in the insurance policy, she need not produce a succession certificate to receive the sum assured in the absence of the husband. He has every right to get paid.

The Allahabad High Court has held that if the wife is named in the insurance policy, she need not produce a succession certificate to receive the sum assured in the absence of the husband. He has every right to get paid. Section 39 of the Insurance Act also does not mandate the giving of succession certificate. The court has directed the manager of Life Insurance Corporation of India, Azamgarh to take a decision in the above matter.

A division bench of Justice MC Tripathi and Justice Manjeev Shukla has given this order while accepting the review petition of Savita Devi of Azamgarh. Earlier, the court had ordered payment of the insurance amount, but the insurance company refused to pay the wife/petitioner named in the policy saying that there was a succession dispute going on.

The court was informed on behalf of the petitioner that her husband Brijesh Kumar Maurya was an assistant teacher in Jalaun, who had an insurance of ten lakhs. After his death, his claim was filed by the wife, which was opposed by her parents-in-law. The wife has been appointed to the post of assistant teacher in the deceased dependent quota.

The court had directed to pay on giving the succession certificate. While applying for reconsideration of this order, it was said that because the wife is named in the policy therefore, he is not required to give succession certificate under the law.