JAGANNATHA SHETTY, J.

( 1 ) THE sole question that arises for consideration in this second appeal relates to the right of the appellant under section 39 of the Insurance Act, 1938.

( 2 ) THE facts which are necessary for the determination of the question are : one Madhukar Kulkarni had taken a policy of assurance for Rs. 2,000 with the Life Insurance corporation of India. He was a teacher and the premiums were paid out of his salary income. He had nominated his mother as a nominee under section 39. The policy was taken on 14th december, 1959, and the assures died on 31st October, 1966, leaving behind his wife (the plaintiff) and the mother (the defendant ). In the normal course, each would have got one-held of the assured amount. But, the mouth being the nominee, claimed the entire amount on the sole ground that the nomination confers on her an absolute rights to the exclusion of the wife. So, the wife filed a suit for declaration and also for recovery of half the amount due under the policy of her husband.

( 3 ) ON the consideration of the evidence, both the courts treated the sum due under the policy as a separate asset of the deceased as the premiums were paid out of his sala

Click Here to Read the rest of this document