1972 (6) TMI 71

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....istant 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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.... 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, repo....

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....he 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 unde....