Questions have arisen over Koperasi Angkatan Tentera's (KAT) decision not to recognise a Hindu woman as the rightful beneficiary of her deceased Muslim son, in relation to an insurance payout.

Cleaner M Rukumony, 61, has begun a legal battle to claim the payout of RM56,300 which the co-operative society has handed to government-owned trustee company Amanah Raya Bhd.

In an affidavit, she claimed that her son E Ragu, had named her as a nominee in the insurance scheme and that she is the rightful claimant to the payout.

Ragu died at Kem Wardieburn in Setapak, Kuala Lumpur, on Aug 2, 2000. His death certificate states that he died of meningitis.

Arguing on technical grounds, KAT insurance manager Mohd Zamani Abdullah denied in his affidavit-of-reply that Rukumony was the "nominee".

(Ragu's insurance form, filled in 1996, shows that he had named his mother as the beneficiary. There were no columns in the form for details of a nominee.)

Mohd Zamani argued that Ragu embraced Islam in Dec 31, 1999 and was officially known as Mohamad Redzuan Abdullah Ellaiappan.

"Because the deceased embraced Islam, (KAT) was not sure if the beneficiary stated in the insurance form was still the beneficiary to the deceased's estate under Syariah law," reads his affidavit.

Mohd Zamani explained that, since no party had been appointed to manage the deceased's estate, the monies were handed to Amanah Raya Bhd.

Deed signed

Rukumony's lawyers, Darshan Singh Khaira and Wong Hon Wai, have submitted to the Penang High Court that Ragu had assigned all "his rights and interest" to his mother through a deed made on Feb 1, 2000.

When contacted, Darshan stressed that since the Ragu's insurance was taken before he became a Muslim, Syariah law has no jurisdiction over the matter.

He added that his legal argument will be based on Article 8 of the Federal Constitution which guarantees equality of all Malaysians before the law.

The Federal Territories Religious Council (MAWP), which has intervened and entered into litigation, is represented by Abdul Muiz Samsuri.

The hearing before Justice John Louis O'Hara will be held on Nov 27.

Rukumony's plight is the latest in cases of religion-based tussles since 2005 between non-Muslim relatives and religious authorities. The more prominent ones were those involving M Moorthy and A Rayappan .