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Report No. 82

2.18. Approach adopted by each High Court.-

The first group of High Courts1 viewed the matter by starting the inquiry with some such question as this-Is the person designated entitled to sue the insurer? If he was entitled to sue, there was no doubt that he would get title to the assets. If not, then he would not get title.2

The second group of High Courts3 took the view that a person for whose benefit the policy was expressed to be taken could claim title to the amount.

1. Para. 2.17(a), supra.

2. Krishna Lal v. Promila Bala, AIR 1938 Cal 518.

3. Para. 3.17(b), supra.

Effect of Nomination under Section 39 of the Insurance Act, 1938 Back

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