08.01.2025 IN THE HIGH COURT AT CALCUTTA M.L.252 (pp) CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 26450 of 2023 Soma Mukherjee Vs. The Life Insurance Corporation of India & Ors. Mr. Arunavo Banerjee, Ms. Simantika Dasgupta, Ms. Ritika Mandal ….for the petitioner. Mr. Subhendu Bandyopadhyay, Ms. Dipanwita Ganguly ….for LICI. Ms. M. Patra, Mr. P. Das …..for the respondent no.4. The petitioner is the widow of a deceased employee of Life Insurance Corporation of India (in short, LICI). There is a dispute as to who is to receive the terminal benefits of the deceased employee, namely Goutam Mukhopadhyay between his legal heiresses and heir. After hearing the parties, it appears that Goutam Mukhopadhyay is survived by his wife, a son who has become major subsequent to the death of his father and his mother. In view of the provisions of section 8 of the Hindu Succession Act, 1856 on the intestate death of a male Hindu, his estate devolves unto his widow, children and the mother. In the instant case, the terminal benefits, if are treated as part of the estate of the deceased employee, the same has to be divided into 3 parts. The widow is to get 1/3, the son 1/3 and the mother (respondent no.4) 1/3. The son has not been made a party in the proceedings. LICI has provided a computation of the terminal benefits receivable by the legal heirs of Goutam Mukhopadhyay on his death-in-harness. There is no dispute as to the computation from the side of the petitioner (widow) and the mother (respondent no.4). There is a dispute regarding the son who is not a party to this proceedings. Initially in the writ petition, an averment was made that the son is challenged. However, that averment has been expunged subsequently on the prayer of the petitioner. It will be open to the son who, according to the petitioner, is a major to approach LICI with proper documentation for receiving his 1/3 share with accrued interest, if any. LICI, on being satisfied that the son is a major and is able to look after himself, shall part with the share of the son. The terminal benefits of the deceased employee were to be released within one month from his death. The same was not done by LICI. The employee had died on 4th September, 2023. The amount of terminal 2 benefits available to the legal heirs of the deceased employee, therefor, attracts interest despite of the pending litigation between the legal heirs on the simple ground that LICI was not required to part with the money and has derived benefit therefrom. LICI is, therefor, required to compensate in the form of interest. In the aforesaid facts and circumstances, LICI is directed to divide the money into 3 parts and shall disburse 1/3 amount to the petitioner and the other 1/3 amount to the respondent no.4 with accrued interest @ 6% per annum from 5th September, 2023 until repayment. The entire exercise for disbursing the amount to the petitioner and the respondent no.4 shall be made within a period of 12 weeks from date, failing which the rate of interest will increase to 8% on the principal sum from 5th September, 2023 until repayment. The 1/3rd share of the son should be retained with LICI in an interest bearing account, if so advised. Nothing further remains to be adjudicated in this writ petition. The same is accordingly disposed of. Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities. 3 (Arindam Mukherjee, J.) 4