ORIENTAL INSURANCE COMPANY LTD Vs. JAYAPRIYA MINOR

JUDGEMENT

(1.) Being aggrieved by the award of compensation of Rs. 8,96,560/- for the death of deceased Jagadambal in the road traffic accident, Appellant - Insurance Company has filed C.M.A. No. 814 of 2004. The estranged husband of deceased Jagadambal, whose Claim Petition in M.C.O.P. No. 439 of 2006 was dismissed, has preferred C.R.P. No. 847 of 2006. Since common points arise for consideration, both C.M.A. and revision were heard together and shall stand disposed of by this Common Judgment.

(2.) What would otherwise been a simple case for compensation and apportionment of compensation has become slightly complicated because of the interse dispute between the claimants in M.C.O.P. No. 90 of 1995, who are the adopted daughter and mother of deceased Jagadambal and erstwhile husband -Jeyaprakasam, who is the claimant in M.C.O.P. No. 439 of 1996. Before we deal with the inter se dispute between the claimants, we may firstly consider the negligence and the liability to pay the compensation and also the quantum of compensation payable.

(3.) The relationship between deceased Jagadambal and her husband was strained, which led to filing of matrimonial dispute, which we would refer to shortly. The deceased Jagadambal was living along with her mother and adopted daughter - Jayapriya in Dharmapuri. She was working as a staff nurse in Government Headquarters Hospital at Dharmapuri.