' MUHAMMAD SAYEED AKHTAR, J.---The petitioner and his wife Mst. Tahira Yasmin obtained "Jewan Sathi" Insurance Policy from State Life Insurance Corporation of Pakistan in the sum ensured i.e, Rs,1,65,000 on 21-5-1998. The annual premium payable was Rs,11,866. Mst. Tahira Yasmin, the wife of the petitioner (the female policy holder) expired on 29-12-1998 owing to electric shock. A death claim was lodged by the petitioner No,1 which was repudiated by the Corporation initially but on the interference of Wafaqi Mohtasib a letter was sent to petitioner No,1 on 14-3-2002 accepting the death claim in the sum of Rs,3,30,000. A cheque for the aforementioned amount was issued and the same was credited in the PLS Account No,4185-5 of the petitioner in the National Bank of Pakistan, Mandi Bazar Lala Musa, District Gujrat. The respondent No,2 filed, an application for grant of succession certificate on 9-8-2002 claiming the share in the insurance money i.e, Rs,3,30,000.
The same was resisted by the petitioner. The learned Civil Judge framed the following issue:- ' Whether the disputed amount is the `Tarka' of deceased Tahira Yasmin?(OPR)
' The said issue was decided by the learned Civil Judge, Kharian in favour of the respondent vide order dated 9-10-2003 and held that the heir mentioned in the application were entitled to a share in the aforementioned death claim in accordance with Sharia Law. An appeal was preferred before the Additional District Judge, Kharian who vide his order dated 23-1-2004 dismissed the same.
2. The petitioner No,1 present in person stated that he would argue the case himself and contended that the death claim not being the property of the deceased in heir life time cannot be considered as 'Tarka' as such was not heritable. Reliance was placed on Federation of Pakistan v. Public at large PLD 1991 SC 731.
3. Conversely the learned counsel for the respondent submitted that the nominee of the Insurance Policy only has right to collect or receive money. Nomination does not operate as gift or will in favour of the nominee. Reliance was placed on Mst. Amtul Habib and others v. Mst. Musarrat Perveen and others PLD 1974 SC 185, Mst. Shaista Younus Khan and 2 others v. Mrs. Asia Khatoon and 3 others PLD 1995 Karachi 560 and Fatima Bi v. Mehnar Gul 1999 YLR 759.
4. I have gone through the impugned orders, perused the record and considered the arguments of the parties. The august Supreme Court in the case of Amtul Habib and others v. Mst. Musarrat Perveen and others (supra) while deciding the right of nominee observed as under:-- "We are of the opinion, however, that the correct view has been taken in the cases referred to earlier, that the nomination merely confers a right to collect the money or to "receive the money". It does not operate either as a gift or as a will and, therefore, cannot deprive the other heirs of the nominator who may be entitled thereto under the law of succession applicable to the deceased.
The nominee thus collects as trustee for the benefit of all persons entitled to inherit from the deceased employee."
'This rule was followed by the High Court in the cases Mst. Shaista Younus Khan and 2 others v. Mrs. Asia Khatoon and 3 others (supra). In the case of Fatima Bi v. Mehnar Gul (supra) it was held that although death claim, voluntary claim and group insurance are not 'Tarka' to be inherited by the legal heirs, but these are grant/compensation to be distributed among the legal heirs according to the Islamic share. One cannot be excluded at the cost of the other. Being compensation, the instant case would not fall within the ambit of Federation of Pakistan v. Public at Large PLD 1991 SC 731.
4. For what has been stated above this petition has no merit and is dismissed leaving the parties to bear their own costs.