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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
H.P.SANDESH
Robert Menezes, S/o. Philip Menezes – Appellant
Versus
Lionel Reginald Menezes, S/o. Simon Menezes – Respondent
| Table of Content |
|---|
| 1. filing of the suit by the minor nominee for recovery. (Para 2 , 3 , 4) |
| 2. lower court issues regarding defendants' liabilities. (Para 5 , 6) |
| 3. appellate review of minor's interests and appointee's failure. (Para 8 , 9) |
| 4. legal arguments presented on council's part. (Para 10 , 12) |
| 5. final ruling and dismissal of appeal. (Para 11 , 13) |
JUDGMENT :
(H.P. SANDESH, J.)
This appeal is filed challenging the concurrent finding passed by both the Courts in O.S.No.168/2009 dated 05.09.2014 and in R.A.No.3/2024 dated 06.03.2025.
2. This matter is listed for admission. Heard the learned Junior Counsel as well as Senior Counsel appearing for the appellant.
3. The suit was filed for the recovery of money from the appointee, who has been appointed as appointee in order to protect the interest of the minor. The case of the plaintiff is that the plaintiff’s mother, namely, Mary Menezes obtained insurance policy bearing No.621039954 from LIC of India for Rs.1,00,000/- and died on 28.01.2006. The defendant was the appointee and the plaintiff was a minor and he was shown as the nominee. That the defendant is the elder brother of plaintiff’s father, the defendant’s brother had given a Gener
The appointee's primary duty is to distribute the insurance amount to the minor nominee rather than misappropriating funds meant for the beneficiary.
Nominees of life insurance policies function as trustees, not automatic beneficiaries; the 2015 amendment to the Insurance Act does not retroactively alter rights for policies where the policyholder ....
Nominees under life insurance policies act as trustees rather than beneficiaries, subject to the provisions of the relevant personal laws and policies in effect at the time of the policyholder's deat....
Nominees in insurance policies are receiving hands; legal heirs retain rights to claim amounts, especially in cases of hardship.
Nominees of insurance policies are obligated to distribute proceeds among rightful heirs according to succession law.
Rights of the parties to a lis have to be decided in accordance with the statutory provisions and law that prevails on the day the cause of action arises.
The main legal point established in the judgment is that nomination under Section 39 of the Insurance Act, 1938 does not confer any beneficial interest on the nominee, and the amount payable under th....
A nominee under banking law cannot appropriate funds and must disburse them to the legal heirs, who retain their rights over the estate.
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