This order addresses appeals allowing partial compensation reduction and judicially reassigns shares among the deceased's mother, wife, minors, and legal heirs. The mother receives Rs.5.5 lakh, while the wife and minors jointly receive Rs.4.75 lakh each.
Mothers share fixed at Rs.5,50,000; wife and minors jointly entitled to Rs.4,75,000 each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Order dated 29.09.2020 in C.M.A.No.2837 of 2016 and C.M.A.SR.No.3393 of 2020
C.M.A.No.2837 of 2016 and C.M.A.SR.No.3393 of 2020
R.SUBBIAH, J and C.SARAVANAN, J
(The Order of the Court was made by R.Subbiah, J)
These appeals are brought forth before this Court under the caption "for being mentioned" at the instance of the learned counsel appearing for the claimants.
"13. Thus, the total sum of Rs.15,50,000/awarded by the Tribunal towards compensation is hereby reduced to Rs.15,00,000/-, which shall carry interest at 7.5% from the date of claim petition till the date of payment. The Insurance Company is directed to deposit the total compensation awarded by this Court before the Tribunal, after adjusting the amount if any already deposited, within a period of four weeks from the date of receipt of a copy of this judgment. On such deposit, the first claimant is permitted to withdraw her share. Insofar as the minor claimants 2 & 3 are concerned, their shares shall be deposited by the Tribunal in any Fixed Deposit Scheme in any one of the Nationalised Bank and it shall be renewed periodically till they attain majority and the interest accrued thereon shall be withdrawn by the first claimant/mother once in three months. The apportionment of shares fixed by the Tribunal to the claimants is hereby
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Order dated 29.09.2020 in C.M.A.No.2837 of 2016 and C.M.A.SR.No.3393 of 2020
confirmed. As the fourth claimant died at the time of filing of the appeal itself, his share shall be disbursed to his legal heirs, upon an application being taken out by his Legal heirs.
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Order dated 29.09.2020 in C.M.A.No.2837 of 2016 and C.M.A.SR.No.3393 of 2020
appearing for the claimants, the apportionment of shares are mentioned below:
(i) The share of the father of the decased shall fall on to mother of the deceased, (though she had not been impleaded in the claim petition) and she is entitled for Rs.5,50,000/-.
(ii) The wife of the deceased, i.e. the first claimant is entitled for Rs.4,75,000/- and the minor claimants 2 and 3 are entitled to Rs.4,75,000/-
jointly.
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Order dated 29.09.2020 in C.M.A.No.2837 of 2016 and C.M.A.SR.No.3393 of 2020
R.SUBBIAH, J
and
C.SARAVANAN, J
cs
C.M.A.No.2837 of 2016
and
C.M.A.SR.No.3393 of 2020
29.09.2020
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2 issues framed by the court
Whether the compensation reduced by the Court should be reapportioned among the legal heirs of the deceased father.
What share of the reduced compensation is entitled to the mother, wife, and minor claimants.
Claimants
Insurance Company
R.Subbiah
C.Saravanan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
