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SANJAY VASHISTH
United India Insurance Company Ltd. – Appellant
Versus
Paramjit Kaur – Respondent
| Table of Content |
|---|
| 1. claims by legal heirs for retiral benefits (Para 1 , 3) |
| 2. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10) |
JUDGMENT
Sanjay Vashisth. J. (Oral)
The present Regular Second Appeal is directed at the instance of appellant-United India Insurance Company Limited against the concurrent findings of fact, recorded by both the Courts below, whereby, suit for declaration filed by the respondents (plaintiffs) was decreed.
2. Mr. Inderjit Sharma, Advocate, puts in appearance on behalf of respondent No.3, and files his power of attorney in Court today, which is taken on record, subject to all just exceptions. Office to tag the same at appropriate place in case file.
3. One Surinder Kumar working as Record Clerk in the company of the appellant (defendant No.2), expired on 14.01.2016 in a roadside accident. As the next successor, respondent i.e. plaintiff No.l-Paramjit Kaur who is widow of deceased, demanded retiral benefits from the defendant-Insurance Company. The defendant-insurance company refused to give her the said retiral benefits under the pretext that she is not the actual widow of deceased-Surinder Kumar.
Resultantly, respondents (plaintiffs) i.e. widow-Paramjit Kaur, son-Rajan and da
Legal marriage must be substantiated by credible evidence; mere claims or nominations do not confer rights under succession laws.
The legal heir's entitlement to the deceased's benefits under the Hindu Succession Act, Section 15, is not affected by the dismissal of a previous suit by another party.
The main legal point established in the judgment is the admissibility of claim petitions without impleading the legal heirs of the deceased insured, as provided under Section 155 of the Motor Vehicle....
Legal representatives under the Motor Vehicles Act must be interpreted broadly to include those dependent on the deceased, not solely legal heirs.
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