MANAGER P N P TRANSPORTS TIRUPUR Vs. MOTHER SUPERIOR GENERAL SERVITE GENERALATE CONVENT TIRUCHIRAPALLI

JUDGEMENT

(1.) RESPONDENT 3 and 5 in the original claim petition before the Tribunal are the appellants herein. The accident occurred on 4.11.1981. The victim, who died immediately was Rev. Sister Kathleena Mary, a member of the Service Generalate (Convent), in which the first claimant is the mother Superior General. The deceased was working as a Lab Technician, drawing a salary of Rs. 300/- per mensem. The salary was being given to the first claimant for maintenance of the convent. The deceased was aged about 28. Claiming that she would have earned at least for another 30 years, the first claimant has filed the claim petition for a total compensation of Rs. 1,00,000/-. Claimants 2 and 3 are the parents of the deceased. In the original petition, it is stated that if the Court comes to the conclusion that the parents alone are entitled to compensation, it may be ordered to be paid to the parents who are claimants 2 and 3 and in any event, claimants 2 and 3 are entitled for a sum of Rs. 5,000/- for the mental agony and suffering on account of the death of their daughter.

(2.) THE petition was opposed on several grounds. At present we are concerned only with one of the grounds, which has been urged in this appeal. It is contended that none of the claimants is a legal representatives of the deceased as she had renounced worldly life and became a nun. It is contended that neither the Mother Superior General nor the natural parents of the deceased are entitled to any compensation.

(3.) IT is argued by learned counsel for the appellant that the deceased had become a nun and none of the claimants could claim as her legal representatives. IT is further contended that in any event, the father of the deceased, who was examined as PW. 2, has admitted that she never sent any money to the parents and, therefore, the award in favour of the parents is unsustainable.