first time after the death of the insured.
9. Section
39 of the Insurance Act provides for the procedure to be followed in the matter ... nomination. The provision
of law reads as under:
Section
39 in The Insurance Act , 1938
39.
Nomination by policy- holder.
(1) The holder
submission
made by the appellants is concerned as per the Section 39 of Insurance Act,
1938 the nominee is entitled to receive insurance claim amount ... USHA
DEVI wherein it is held that
nomination under Section 39 of insurance Act,1938 indicates the hand which is
authorized to receive the amount
husband, the respondent was nominated as nominee of insurance policy under
Section 39 of the Insurance Act.
3. The insured died on 19.02.2011 and
after ... meaning of section 39 of the Act and hold that a mere
nomination made under section 39 of the Act does not have the effect
section 192
of the Act. Therefore, in my view, the insurance company
cannot take advantage of offence under section 192 r/w
section 39 ... Section 39 of the Act which is punishable
under section 192 of the Act. On perusal of section 192
of the Act, we find that
that even after the 2015 amendment to Section 39
of the Insurance Act 1938, the Hon'ble Supreme Court in Shreya
Vidyarthi (Dead) through ... relied upon
Section 39(6) , (7) and (8) of the Insurance Act, 1938 (as amended by
the Insurance Laws (Amendment) Act, 2015), which specifically
provides
section 192 of the Act. Therefore, in my view, the insurance company cannot take advantage of offence under section 192 r/w section 39 ... Section 39 of the Act which is punishable under section 192 of the Act. On perusal of section 192 of the Act, we find that
section 47 of the Insurance Act, 1938, but they did not do so and ignored the
provisions of Section 47 of the Insurance Act ... section 39 of Insurance
Act, 1938.
15. Sub-section (1)
of Section 39 of the Insurance Act, 1938 gives right to a policy holder
used in violation of Section 39 of the MV Act which amounts an offence under Section 192 of MV Act. Also, there is violation ... Section 39 of the MV Act and which is an offence under Section 192 of the MV Act and therefore the insurance company was justified
used in violation of Section 39 of the MV Act which amounts an offence under Section 192 of MV Act. Also, there is violation ... Section 39 of the MV Act and which is an offence under Section 192 of the MV Act and therefore the insurance company was justified
give
notice of change of nomination, as contemplated under Section 39 (2) of
Insurance Act, 1938, which submission, cannot be ignored since valid under ... note that there was no material to comply Section 39 (2) of Insurance Act,
namely the same was informed. Therefore,
on the assumption
