GLORY BAI Vs. S K A NOORJAKAN BEEVI

JUDGEMENT

(1.) An interesting question of law that arises in the appeal is, whether the unfortunate parents, who lost their married daughter in a road accident, are entitled to compensation for the death of their daughter.

(2.) In this case, the daughter of the appellant - parents, her husband, her minor son, her mother-in-law, her brother-in-law (husband's brother) and his wife travelled in an Ambassador Car. The ill-fated Car had a head on collision with a tourist bus on 15.03.2002. In that accident, the aforesaid entire family members died. One vehicle was registered with the second respondent - Insurance Company at Ramanathapuram and another vehicle was insured with the same Insurance Company at Nagercoil. The father of the son-in-law of the appellants (since the mother of the son-in-law also died in the accident) claimed compensation and he was granted compensation for the loss of his son. But, the same yardstick was not applied when the appellants herein claimed compensation for the loss of their daughter. Their M.C.O.P.No.940 of 2002 was rejected by the Tribunal on the ground that they were not the legal representatives after marriage and that after marriage, the heirs of the deceased husband alone are the legal representatives of the married daughter, by an order dated 28.04.2004. The relevant portion of the order of the Tribunal in para 9 of its order is extracted hereunder:

(3.) When the matter was listed for final hearing, considering the importance of the issues involved in this case, this Court appointed a young and energetic Advocate Mr.M.Mahaboob Athiff as an Amicus Curiae to render assistance in this matter. Ms.N.Krishnaveni, a woman lawyer, volunteered herself in this case considering the issues involved herein and made her submissions.