Civil Procedure Code (CPC)

Regarding nominee name mismatch

This query is : Resolved 

Online (Querist)
12 June 2021

Dear sir,

One of our friends who has taken term insurance with aditya birla sunlife insurance has recently expired due to covid19 and the name of the nominee(NAME IN NOMINATION FORM : S VAS and ACTUAL NAME OF HIS FATHER : S SURADAS) i.e, his father name mismatches with the nomination in insurance and the actual id proof of his father. He has taken an affidavit for the name confirmation and also attached proofs like ration card where the relationship of the deceased and the nominee present.

Is it sufficient for claim process or any other documents like MANDAL REVENUE OFFICER CERTIFICATE for both names are one and same or THE GAZETTE require for the process of claim?
What is the best option for non rejection of claim???

kavksatyanarayanaOnline (Expert)
13 June 2021

A notarised Affidavit by his father stating that S.Vas and S.Surdas are one and the same person.

T. Kalaiselvan, Advocate Online (Expert)
14 June 2021

Besides an affidavit duly notarized stating that both the names are of the same person and he is one and the same, a public notice in local two newspapers may be required to be published.
If the insurance company is insisting an indemnity bond besides this requirement, then he can execute an indemnity bond indemnifying the insurer against the future losses in this regard, if any.

Dr J C VashistaOnline (Expert)
14 June 2021

I concur advise of experts.
The affidavit, declaring S Vas and S Surdas are one and the same person, is sufficient which should satisfy the insurer.

Sankaranarayanan Online (Expert)
14 June 2021

Yes you can submit the affidavit accordingly but some insurance people demand Indemnity bond as pointed by the expert Mr.Kaliselvan, if they demand then you need to submit the same too.

P. Venu Online (Expert)
14 June 2021

The best issue is to discuss the issue with the Insurance Company and follow their guidance.

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