The deceased has made a conscious decision during his lifetime to make O.P.No.2, his sister as the nominee of the case policy i.e. the beneficiary of the policy after his death. There is no document made by the deceased specifically debarring the complainant’s wife from getting the death benefits.  The wife being the legal heir is entitled as per law to get the death benefits.

These contesting parties have entered into a mutual settlement ex-curia & filed a joint petition of settlement of the dispute within the terms stated therein. The complainant and the O.P.No.2 have amicably settled between themselves with the condition that the complainant shall receive 70% & the O.P.No.2 shall receive 30% of the death benefit.  This commission does not find any hindrance in accepting the compromise.  Accordingly, the compromise petition is accepted and it is ordered that O.P.No.1 shall release the death benefits in favour of these parties @ 70% to 30% in favour of complainant & O.P.No.2 respectively in separate cheques.