Law:

Section:

(a) Muslim Law Inheritance---"Tarka (estate) of deceased ---Definition---Tarka (estate) of deceased consists of immovable or movable properties, money and all other articles which the deceased owned and over which he had 'complete control and dominion so as to enter into the transaction of sale, exchange, transfer, gift in respect of such immovable and movable properties, moneys and other goods/articles---Amount of group insurance could not form estate or Tarka of the deceased. Mirza Muhammad Amin and others v. Government of Pakistan PLD 1982 FSC 143 and Federal Government of Pakistan v. People-at-Large PLD 1991 SC 731 ref. (h) Insurance Death claim insurance, payment to nominee---Non-payment of such claim to widow and children of deceased---Payment of such claim was- made by the employer to the nominee of the deceased who was mother of the deceased-- Widow and the children of the deceased filed suit against the employer challenging release of such money to the mother without the consent of the widow---Trial Court decreed the suit in favour of the widow---Contention by the employer was that the payment was made in accordance with the Service Rules applicable to deceased employee and employer had committed no illegality---Validity---Employer had not acted negligently or imprudently and had made the payment in accordance with the Service Rules/Regulations as the deceased had nominated his mother to receive the amount---Trial Court had wrongly found the employer to be jointly and severally liable for payment of the shares to the widow and children of the deceased-- Responsibility of such payment was solely on the mother of the deceased provided that the entire amount or some of the amount formed the estate/Tarka of the deceased---Judgment and decree of the Trial Court was set aside in circumstances--[Rukia and another v. Ghulam Shah and another PLD 1994 Pesh. 1 dissented from]. Rukia and another v. Ghulam Shah and another PLD 1994 Pesh. 1 dissented from. Federal Government of Pakistan v. People-at-Large PLD 1991 SC 731 and Mirza Muhammad Amin and others v. Government of Pakistan PLD 1982 FSC 143 ref. Dates of hearing: 25th November, 1999 and 15th May,…