E SARASWATHI Vs. CHIEF POST MASTER GENERAL
LAWS(MAD)-2018-9-190
HIGH COURT OF MADRAS
Decided on September 07,2018

E Saraswathi Appellant
VERSUS
CHIEF POST MASTER GENERAL Respondents

JUDGEMENT

Pushpa Sathyanarayana, J. - (1.)The appellant herein had originally filed a writ petition in W.P(MD)No.11243 of 2014, for issuance of a Writ of Mandamus, directing the third respondent to disburse the postal life insurance amount paid by her deceased son Karthick.
(2.)The appellant / writ petitioner is the mother of the deceased Karthick and the third respondent is his wife. Due to certain illness, the said Karthick died on 101.2011. Thereafter, a succession O.P. was filed in O.P.No.3 of 2012 on the file of the Sub-Court, Theni. As the said O.P was not contested by the third respondent, an order was passed on 16.03.2012 issuing a succession certificate to the appellant authorising her to collect the securities, debts, credits, interest and dividends.
(3.)It is stated that the third respondent does not have issues through the deceased Karthick. Therefore, only the appellant and the third respondent being the mother and wife respectively are the Class-I legal heirs and are entitled for any benefits equally. Now, the dispute is with respect to the claim of insurance policy amount in respect of policy No.TN-487863CS for Rs. 2,00,000/- in the name of the deceased Karthick, which is lying with first and second respondents.


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