LIFE INSURANCE CORPORATION OF INDIA Vs. BEENA DEVI

JUDGEMENT

(1.) THE grounds on which this appeal has been filed are, that respondent No. 1 Smt. Beena Devi Wd/o of the life assured late Sh. Manoj Kumar, is not entitled to any amount because it was she who had abetted the deceased to commit suicide. Further according to Mr. Sharma, learned Counsel for the appellant, she was prosecuted in that behalf. She has been acquitted according to Mr. Kanwar learned Counsel for the respondents and he referred to the photostat copy of the order passed by District and Sessions Judge, Sirmaur at Nahan, in Sessions Trial No. 2 -ST/7 of 2002 dated 7.9.2002 in case titled as State of HP v. Smt. Beena Devi, (respondent No. 1) and Another. This was a case under Section 306/34 of Indian Penal Code, from the complaint file.

(2.) WE are of the view that decision of this case need not detain us in the face of the documents on the complaint file. However, we may notice briefly some facts necessary for deciding this appeal.

(3.) SMT . Beena Devi is the widow and Kumari Parvati @ Parul is the daughter of deceased -life assured late Sh. Manoj Kumar, Smt. Jaggo Devi is his mother are the other facts not disputed on behalf of the parties. From the record of the complaint file it is evident, that a Civil Suit No. 56/1 of 2002, was filed by Smt. Jaggo Devi in the Court of Civil Judge (Sr. Division), Sirmaur District at Nahan, wherein relief claimed was that the plaintiff and defendant Nos. 2 and 3 are entitled to the policy benefits as detailed in it, being the legal heirs of deceased Manoj Kumar to the extent of equal shares and decree for permanent injunction was prayed against the appellant, (who was arrayed as defendant No. 1 in this suit) from making the payment alone to defendant Nos. 2 and 3 i.e. Smt. Beena Devi and Kumari Parul respectively. This suit was decided vide Annexure R -V. This is a certified copy of judgment and decree -sheet passed by the Civil Judge (Sr. Division), in the Civil Suit No. 56/1 of 2002, dated 6.4.2004. As per decree it has been held that Smt. Jaggo Devi, Smt. Beena Devi and Kumari Parul are entitled to the amount in equal shares. Annexure R -VIII is the copy of the order of acquittal passed by District and Sessions Judge, Sirmaur at Nahan, dated 7.9.2002 referred to above in this order.