Insurance Act, 1938 (Act IV of 1938), Section 39-Assured of a life insurance policy dies intestate leaving behind him his mother, his widow, and a son, but for the purpose of Section 39 has nominated his widow alone Whether the nominee of a life insurance policy, on the assured dying intestate would become entitled to the beneficial interest in the amount received under the policy to the exclusion of the heirs of the assured..

The appellants being mother and son of one Jagmohan Swarup who was governed by the Hindu Succession Act, 1956 and who died intestate on June 15, 1967 filed Civil Suit No. 122 of 1970 on the file of the first Additional Civil Judge, Dehradun for a declaration to the effect that they were together entitled to 2/3rd share of the amount due and payable under the insurance policies though the deceased assured has nominated the respondent his widow as the person to whom the amounts were payable. The respondent contested the suit claiming that she has the absolute right to the amounts to the exclusion of her son and her mother-in-law. The suit was dismissed. The First Appeal before the Dt. Judge, Dehradun and the Second Appeal before the High Court were dismissed. Hence the appeal after obtain. ing special leave of the Court. وجد

Allowing the appeal, the Court,