SHYAMLAL Vs. A MADHESWARAN

JUDGEMENT

(1.) THE appellant No. 1 claimed herself to be the adopted minor child of the deceased. Appellant Nos. 2 and 3 are the parents of the deceased. Aggrieved by the judgment and decree dated 5. 2. 2001 made in M. C. O. P. No. 782 of 1997 on the file of the Motor Accidents claims Tribunal (Principal District Court), erode, dismissing their claim petition, the present appeal is filed.

(2.) BRIEF facts leading to the appeal are as follows: (i) On 16. 8. 1996, when the deceased banumathy was alighting the bus through the front entrance, the driver of the bus owned by the respondent No. 1 herein, started the bus without noticing the passenger, due to which, the said Banumathy fell down and succumbed to injuries. (ii) It is the case of appellants-claimants that the deceased married one Gurusubra-maniam of Manakkuppam near Tirukoilur on 26. 10. 1993. At the time of marriage, she was aged 18 years. Husband of the deceased had illegal intimacy with one prema of the same village, which fact was not known to the parents of the deceased. The marriage was irretrievably broken and all efforts for an amicable settlement for union failed. The husband of the deceased married the said lady, Prema. The deceased had no issue at that time on 13. 10. 1994, she adopted the appellant-claimant No. 1, daughter of her brother, Thiyagarjan, as her daughter as per Hindu custom. According to the appellants-claimants, the deceased was self-employed as a tailor and earning rs. 3,000 per month. The adopted daughter and parents of the deceased were dependent on the income of the deceased, at the time of accident. They claimed compensation of Rs. 4,00,000.

(3.) THE insurance company, respondent no. 3, denied the plea of adoption made by the appellants-claimants. They also submitted that the appellants-claimants are not entitled to any compensation.