NEW INDIA ASSURANCE CO. LTD Vs. PARVATHY AMMAL

JUDGEMENT

(1.) THE appeal is preferred by the New India Assurance Company Limited (the Second respondent before the Tribunal) against the Award of the Tribunal dated 26-4-1982, passed in M.C.O.P. No. 108 of 1978, on a petition by respondents 1 to 5 herein as claimants for compensation for the accident that took place at 6-30 a.m. on 23 4-1976 on Tuticorin Palayamottah road, 3 kilometres west of Vagaikulam, finding that the claimants (respondents 1 to 5 herein) are entitled to a compensation of Rs. 30,000/-which is payable by respondents 2 and 3 before the Tribunal (the appellant and the 7th respondent herein). The compensation was apportioned as among the claimants (respondents 1 to 5) at the rate of Rs. 6,000/-each as desired by them in their petition, with proportionate interest payable to each of them. The amounts due to the minors (respondents 3 to 5) were directed to be deposited in a Scheduled Bank till they attained majority. The Tribunal dismissed the claim as against the first respondent before it (6th respondent herein).

(2.) THE case of the claimants before the Tribunal was as follows:

(3.) ON the above pleadings, the Tribunal framed the following points for determination: