Decided on August 13,2008



N.KANNADASAN, J. - (1.) The above appeal is filed against the order passed by the District Forum Kanyakumari, wherein a direction is issued to the effect that the wife of the deceased / 2nd opposite party / Appellant herein is entitled to receive a sum of Rs.70000/-, and the Complainant / 1st Respondent herein who is the mother of the deceased Velayutham is entitled to receive a sum of Rs.30000/- out of the Group Insurance Scheme.
(2.) The deceased Velayutham is member and subscriber of the Group Insurance Scheme, arranged and entered into between the 1st and 3rd opposite party. Consequent to the death of the above said Velayutham, in the course of the disbursement of the amount, the dispute arose with regard to the apportionment of the said amount. The 3rd opposite party viz. the LIC of India, was not in a position to disburse the amount for want of Advance Payment Receipt from the legal heirs of the deceased Velayutham. The mother of the deceased has preferred the complaint before the District Forum for the payment of the amount as per the provisions of the Hindu Succession Act. The said complaint was resisted by the 2nd opposite party, viz. the wife of the deceased by placing reliance upon the Government Order to the effect that she alone is entitled for the entire amount. The District Forum, after hearing the parties and on perusal of records has passed an order to the effect that the complainant / 1st Respondent herein is entitled for a sum of Rs.30000/- and the 2nd opposite party / Appellant viz. the wife of the deceased is entitled for a sum of Rs.70000/-.
(3.) Aggrieved by the said order, the present appeal is filed.;

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