1960 (10) TMI 86

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....spondent is Ext. 1 dated 21-11-1950. There is a column in the policy headed "To whom the sum assured is payable." The, entry in that column is "To the assured if alive at maturity, otherwise to his father S. Neelakanda Plllai the nominee". On the strength of this entry the 1st respondent contended that he was entitled to the entire amount due under the policy, and that the plaintiffs were not entitled to any share in that amount. The court below accepted the contention and dismissed the suit. 4. According to the appellants, the nomination will not affect the devolution of the amount on the death of the assured intestate and they and the 2nd defendant are entitled to share the amount equally under Sections 11 and 12 of t....

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....ssured without any liability to make it over to his legal representatives? 6. In Ramballav Dhandhania v. Gangadhar Nathmall, AIR 1956 Cal 275, the nomination was in the following terms : "I nominate my wife and my son-in-law, the survivor or survivors, as the persons to receive the moneys under the above policy in the event of my prior death." The court said : "A nominee in respect of a policy of insurance under these terms does not become the owner of the money payable to him under the policy. Such nomination Only indicates the person who should receive the money should the owner die. A receiver of moneys is not the owner of the moneys, He has only the right to collect the moneys." "In my view Sub-section (6) ....

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....ence to that Act is made is unnecessary for the decision of the appeal before us. 9. In In re, Baron Kensington; Earl of Longford v. Baron Kensington, (1902) 1 Ch D 203, a policy of insurance was taken out by one Sanderson on his own life for behoof of his wife's sister, Miss Stiles, and the policy provided that Miss Stiles, her executors, administrators, and assigns, should be entitled to receive the policy moneys on his death. Sanderson who survived Miss Stiles retained the policy, and paid the premiums till his death; and the question for decision was whether the legal personal representatives of Miss Stiles were trustees for the policy moneys or the legal personal representatives of Sanderson. Joyce, J., quoted the following statem....