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1972 (6) TMI 71

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..... sistant in the planning and Coordination Department (planning branch) in the Orissa Secretariat. He died on 13-3-1968 leaving behind his mother (plaintiff 1), a son (plaintiff 2), his widow (defendant 1) and two other minor sons who ere not parties to the suit After death of Sarada, the petitioners filed T. S. No. 139/70 in the Court of the Subordinate Judge, Cuttack, for declaration of title to a .....

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..... s contention that a nominee does not acquire an interest in the policy. In other words, a nomination merely confers a right on the nominee to receive the amount under the policy after death of the insured. He is merely a trustee on behalf of all the heirs including himself. In my opinion the contention is unassailable and is fully supported by a Full Bench decision of the Allahabad High Court, rep .....

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..... the amount payable under the policy. The plaintiffs shall be entitled to 2/5ths share thereof. 4. The other question for consideration is whether the prayer for interim injunction should be allowed. In my view the Courts below were right in refusing the prayer for injunction, which was against the nominee of the insured, and was to stultify the provisions of Section 39 of the Act, inasmuch as und .....

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..... ble under the policy. 6. The learned trial Court is directed to dispose of the suit within three months from today with intimation to this Court. 7. In the result the Civil Revision is dismissed, subject to the direction that the defendant would be called upon to furnish security to the satisfaction of the trial Count as indicated above, after which she would be allowed to receive the amount. Th .....

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