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2011 Supreme(Del) 911

PRADEEP NANDRAJOG, SURESH KAIT
Neelam Kushwaha – Appellant
Versus
Chief Army Staff and Ors – Respondent


Advocates Appeared:
Mr. S.M. Dalal, Advocate for the Petitioner.
Mr. Abhishek Goyal, Advocate for Mr. B.V. Niren, Advocate for the Respondent No. 1.
Ms. Anjali Vohra, Advocate for the Respondent No. 2.
Mr. Rajesh Banati and Mr. Hari Mohan, Advocates for the Respondent No. 3.

ORDER

1. The issue is short and hence we decide the writ petition at the preliminary stage itself.

2. Late Ravindra Singh was married to the petitioner but was born to Smt.Somwati.

3. The young man was enrolled as a Sepoy in the Indian Army.

4. Unfortunately, the young man lost his life in service.

5. The mother-in-law i.e. respondent No. 3 and the daughter-in-law i.e. the petitioner are fighting over the claim which enures to the legal heirs under the Army Group Insurance Fund (AGIF), which we note is a private fund inasmuch as AGIF claims to be a society registered under the Societies Registration Act. The fund is an insurance fund; claim to be paid as per the Group Insurance Policy.

6. It is not in dispute that a sum of Rs. 15 lakhs has to be paid in terms of the Insurance Policy, but the question arises as to who would be entitled to the amount.

7. Respondent No. 3 has filed a Suit in the Court of Senior Judge (Senior Division) at Farukkhabad claiming half-share in the amount to be disbursed and needless to state, the basis of the claim is the Hindu Succession Act as per which the mother and the wife of the deceased, being the only two Class-I legal heirs, would be entitled to the ben

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