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Issues: Whether, on the death of the assured followed by the death of the nominee before receipt of the policy amount, the policy money was payable to the nominee's legal representative or to the assured's widow claiming as heir.
Analysis: The policy made the amount payable on the assured's death to the nominated person, and the statutory scheme under Section 39 of the Insurance Act recognised that where a nominee is in existence when the policy becomes payable, the insurer must pay to that nominee. If the nominee dies after the amount has become payable but before actual receipt, the right to receive the money passes to the nominee's estate and not to the heirs of the assured. Section 39(5) distinguishes a nominee dying before maturity from a nominee dying after the policy has matured, while Section 39(6) supports the conclusion that the surviving nominee is entitled to receive the amount. Section 38, dealing with assignment, did not assist the claimant because it only shows that assignment cancels nomination.
Conclusion: The policy money was payable to the estate of the nominee, and the succession certificate was rightly granted to the nominee's legal representative, not to the assured's widow.
Ratio Decidendi: Where a life insurance policy becomes payable to a valid nominee on the death of the assured, the nominee acquires the right to receive the money, and if the nominee dies before receipt, the amount belongs to the nominee's estate rather than to the assured's heirs.
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