(1.) After hearing the learned Counsel for the respondent and perusing the records, the Commission delivered the following :
(2.) This complaint has been filed by the nominee for recovering the sum of Rs.1,00,000/- with interest at 18% from the date of claim made by him till the date of payment and costs. One Mr. Satyan Bansal had insured his life with the Life Insurance Corporation of India for Rs.1 lakh under policy No.610614497 dt.28.12.1988. The complainant is the cousin brother of Satyan Bansal and he also claims to be the nominee under the said policy of Satyan Bansal. Mr. Satyan Bansal died on 24.4.1989. Hence this complaint.
(3.) The respondent has resisted the complaint by contending inter alia, that the complainant being the nominee is not a beneficiary as the deceased has stated in his proposal form that he had wife and a child, in view of the decision of the Supreme Court in-Smt. Sarabati Devi andanr. V/s. Smt. Usha Devi, 1984 AIR(SC) 346. The said case has also been reported in Legal Digest, Volume -1 of January 1990 published by the LIC of India, Bombay at Page-11.