B.S.PATIL
Sarojamma – Appellant
Versus
Divisional Manager LIC of India, Mysore – Respondent
1. This regular second appeal is preferred challenging the judgment and decree dated 09.03.2011 passed by the I Additional District Judge, Mysore, thereby allowing the appeal filed by defendant No.2 in R.A.No.593/2010 and dismissing the appeal filed by the plaintiff in R.A.No.528/2010. Appellant is aggrieved by the judgments passed in both the appeals.
2. Appellant - plaintiff is the mother of deceased Ananda Babu who was an employee of the Life Insurance Corporation of India. He met with an accident on 22.03.2003 and died on 25.05.2003 while in service. Defendant No.2 is the wife of late Ananda Babu daughter-in-law of the plaintiff. The suit O.S.No.568/2006 was instituted by the appellant, mother-in- law against the daughter-in-law and the LIC of India seeking a declaration that she was entitled for the amount of pension payable upon the death of her son and sought consequential relief of mandatory injunction against the LIC to remit 50% of the amount of pension to her.
3. It was her contention that as per the provisions of Section 8 of the Hindu Succession Act, pensionary benefit being property, the plaintiff who was a Class-I heir, was entitled to receive the pension
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