AMRENDRA MALVIYA Vs. LIFE INSURANCE CORPORATION OF INDIA
LAWS(JHAR)-2015-1-173
HIGH COURT OF JHARKHAND
Decided on January 06,2015

Amrendra Malviya Appellant
VERSUS
LIFE INSURANCE CORPORATION OF INDIA Respondents

JUDGEMENT

Shree Chandrashekhar,J. - (1.) Seeking direction upon the respodnent Life Insurance Corporation of India, the petitioner claiming himself the legal guardian of Akshita aged about 5 years, for release of amount in Policy Nos. 554032032, 554032033 and 554770418, has preferred the present writ petition.
(2.) Briefly stated, the petitioner, after the death of his younger brother namely Akshay Kumar and his wife namely, Anita Malviya in a road accident on 29.09.2009, filed Guardianship Case No. 18 of 2010 seeking a declaration and for his appointment as legal guardian of minor child namely, Akshita who survived the road accident in which her parents succumbed to injury. Vide order dated 24.08.2011 in Guardianship Case No. 18 of 2010, the petitioner was declared and appointed as legal guardian of the only minor child of his younger brother namely, Akshay Kumar. The said Akshay Kumar and his wife had Life Insurance Policies and the amount in Policy No. 551458638 though was released in favour of the mother of the petitioner who was made nominee by the deceasedbrother of the petitioner, with respect to other policies the payments were not made. In the meantime, the mother of the petitioner also died. The petitioner made several communications for release of money however, he has been asked to produce Succession Certificate. Though, the petitioner has been declared legal guardian of the minor namely, Akshita and the petitioner made further request for transmitting the amount in different policies, in the account opened in the name of minor namely, Akshita under the guardianship of the petitioner however, the respondent Corporation has not taken decision in this regard and therefore, the petitioner has approached this Court by filing the present writ petition.
(3.) Heard the learned counsel for the parties.;


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