Is original cerificate of death issued by the Embassy of India,abroad still necessary?

Question

X died in a road traffic accident in a foreign land.
.1. The police authorities confirmed this accidental death
2..the Embassy concerned also issued a death certificate
.3. It was attested by The Embassy of India there.
 4.the body was embalmed and a certificate to that effect also issued.
5. the body was sent by air to India
6.The airways confirmed the receipt  of the body and and delivered that in India.
7.The health authority gave a no objection certificate.
8.The Immigration authorities  gave a certificate to this effect about the body receipt in India.
9.The body with all due respects was cremated by his father in India.
10.All the relatives were the witness including the employer's representatives at the time of creation.
11.the concerned Insurance company in India  feels that  these  certificates are not sufficient
and they want the original certificate of death issued by the Embassy of India.
12. It seems that they are accustomed to various other practices which the parents in their old age and old customs are not having the capacity  or the knowledge to replicate all these documents
13. Is it still necessary to demand the original certificate of death certified and attested  by the said embassy of India in that country?
14.Why do they not understand that Every rule has an exception and the concerned officials can use their discretion?
14. Can any one in the Insurance field give any clarification?
Your early response will be very much appreciated.
15. X had nominated his mother as the nominee in the ceritifate and agreed by the said insurance company.

? · Accepted Answer

It is most unfortunate and sorry state of affair that the aggrieved mother who have lost her beloved son and knocking the doors of the insurance company for the claim and the company guys are speaking about rules and regulations. The problem with these people is they do not apply their common sense and only talk about rules and regulations even if there is a room for application of mind.
There can't be a rule and procedure for every issue some of the issues has to tackled by exercising common sense in the interest of Justice.
However, I am of the opinion that, better she (mother) can give a representation to the higher official to consider her issue has a special case and to exercise their discretion wisely notwithstanding the rules and regulations of the company for the early disbursal of the claim amount or she can initiate legal action against the company if their discretion is vitiated by malafide, non-application of mind and other grounds etc .
Advocate
Chennai

? · Answer

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Is original cerificate of death issued by the Embassy of India,abroad still necessary?

2 Answers