RAJALAKSHMI Vs. ARUMUGHAN

JUDGEMENT

(1.) In regard to a collision of Jayanti Janata Express and a motor bus on 9-5-1979 a petition for compensation (O.P.) (MV) Nos. 1332 of 1980) was filed by the present Petitioner's husband before the Motor Accidents Claims Tribunal, Boatjetty, Ernakulam (respondent No.5). The Motor Accidents Claims Tribunal passed an award on 28-2-1986. While examining the case with regard to the liability of compensation the tribunal has made the following observations:

(2.) Therefore the tribunal finding that there is no averment in the petition that the petition is filed for and on behalf of the wife also awarded only half of the amount of Rs. 17,500/- to the petitioner's husband. The tribunal held that an amount of Rs.35,000/-would be adequate compensation for death of the child. The victim was the son of the present petitioner and her husband and the husband had approached the tribunal. The tribunal made the above observations in this context clearly holding that both the husband and wife are the legal heirs and are entitled to compensation. The present petitioner preferred an application (I.A. No. 1958/89) praying for payment of compensation of Rs. 17,500/- with interest and cost praying alternatively to implead in the original petition.

(3.) By the impugned order dated 18-1-1990 the petitioner's application was rejected. While rejecting the application the tribunal observed that the father of the deceased alone moved application and that was the reason why the applicant was not awarded the amount determined because there is no such award of payment although there are observations.