AIR 1991 PUNJAB AND HARYANA 183 ::1991 (2)RevLR77 ::(1992) ILR 1 P&H 135 ::(1993) 1 ACC 570 ::1992 (1)ACJ93 ::(1991-1) 99 Pun LR 343 ::(1991) 1 CurLJ(CCR) 661

Punjab And Haryana High Court

Hon'ble Judge(s): S. S. Sodhi , J

(A) Insurance Act (4 of 1938) , S.39— Army Group Insurance Scheme , R.43, R.10, R.11— Policy holder, an Army Personnel - Death - Widow and not mother is entitled to amount payable under Scheme - Provisions of Act are not applicable. Insurance Policy - Death of policy holder, an army personnel - Widow is entitled to amount payable under Scheme. (B) Hindu Succession Act (30 of 1956) , S.3— Schedule under Army Group Insurance Scheme, the provisions of the Act would not be applicable. Hence, even though mother and wife are Class I heirs under Hindu Succession Act and should be entitled to share the amount in equal shares, yet in view of the provisions of the Scheme, the amount, becoming payable consequent to the death of the policy holder who was an army sepoy under the Army Group Insurance Scheme, would go to his widow and the mother has no right in presence of the widow to claim any amount thereunder. AIR 1984 SC 346, Distinguished. (Para 6 9) .....