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1981 Supreme(Del) 138

M.L.JAIN
UMA SEHGAL – Appellant
Versus
DWARKA DASS SEHGAL – Respondent


Advocates Appeared:
ALAKH KUMAR, R.K.MAKHIJA, RAJIV BEHL

M. L. JAIN

( 1 ) SUADRSHAN Kumar Sehgal took out three policies of insurance on his life, two in 1958 and one in 1959 in which he nominated his father Dwarka Dass Sehgal undersection 39 (1) of the Insurance Act, 1938 (herein called the Act ). He was married in 1964. He took out the fourth policy in 1966 but this time he nominated his wife, Mrs. Uma Sehgal. He died in 1968 leaving his heirs Mrs. Uma Sehgal, his minor son Sunil and his mother Mrs. Vidya Wati Sehgal. The money of the last policy was received by the widow. She filed on January 2. 1970 a suit on behalf of herself and her minor son to recover 213rd share in the amount of the first three policies against Dwarka Dass Sehgal, his wife Vidya Wati and the Life Insurance Corporation. The amount appears to have been paid by the said Corporation on January 10, 1970 to the nominee. Dwarka Dass Sehgal contends that he was entitled to receive the policy money absolutely on the grounds-

(A) that he had paid the premiums,

(B) that he was the nominee, and

(E) that he was the beneficiary. The learned Sub-Judge dismissed the suit on February 18, 1974. He held that the source of premium is of no concern, but Dwarka Dass being the nominee w










































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