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Report No. 82

3.2. Social justice.-

Apart from the above approach-the approach of realism-there is the consideration of social justice that would seem to justify an amendment. Where a nomination is in favour of a near relative, and the Legislature is faced with the question of choosing between-(i) a strictly legal approach of regarding the nominee as a person who collects the money on behalf of others (and therefore only a nominal owner), and (ii) a beneficial approach which would regard the nominee of such a class be beneficially entitled. We think that the latter course ought, as a matter of social justice, to be preferred. We shall presently1 deal in somewhat detail with the position of women and the need for affording them financial protection after the death of the person insured, and much of what we are going to say will apply to other near relatives as well.

1. Para. 3.4, infra.

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

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