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Pabitra Mohan Pradhan And Anr. vs Damayanti Pradhan on 19 June, 2002

8. The matter has been clarified in a case reported in AIR 1996 Calcutta 417, Smt. Nirupama Sarkar and Ors. v. Life Insurance Corporation of India, which deals with a suit filed by the plaintiffs against the life Insurance Corporation for entitlement and recovery of family pension. It was held that it is an independent claim and not claimed through the deceased employee. As such, Section 214 of the Act would not be a bar against maintainability of the suit of such claim without production of succession certificate.
Orissa High Court Cites 18 - Cited by 3 - P K Mohanty - Full Document

Lalithambika S vs Nil

6. Family Pension envisaged under Part III of the Kerala Service Rules, 1959 is payable to the relatives of the employee on his death only. Family Pension is not a debt due to the deceased employee which could be encashed by him during his life time. The right to receive Family Pension accrues only on the death of the employee and of course subject to his nomination. The Family Pension is independent and not claimed through the deceased employee. [See: Smt.Nirupama Sarkar v. Life Insurance Corporation of India (AIR 1996 Kolkata 417)]. Therefore the Succession Certificate cannot take in the Family Pension payable to the nominee or the legal heirs.

Lalithambika S vs Nil

6. Family Pension envisaged under Part III of the Kerala Service Rules, 1959 is payable to the relatives of the employee on his death only. Family Pension is not a debt due to the deceased employee which could be encashed by him during his life time. The right to receive Family Pension accrues only on the death of the employee and of course subject to his nomination. The Family Pension is independent and not claimed through the deceased employee. [See: Smt.Nirupama Sarkar v. Life Insurance Corporation of India (AIR 1996 Kolkata 417)]. Therefore the Succession Certificate cannot take in the Family Pension payable to the nominee or the legal heirs.
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