KULANDAIVEL GOUNDER Vs. K VALARMATHI

JUDGEMENT

(1.) The instant appeal has been filed by the parents of the deceased challenging the non-apportionment of any part of compensation to them under the impugned Award dated 06.07.2005 passed by the Motor Accident Claims Tribunal, Chief Judicial Magistrate, Tiruvannamalai in MCOP.No.288 of 2004.

(2.) One Bharathivijayan died on 04.05.2002 as a result of an accident caused by a lorry bearing registration No. TN25-C-5959 owned by the fifth respondent and insured with the sixth respondent. The respondents 1 to 4 who are the dependents of the deceased, preferred a claim before the Motor Accident Claims Tribunal in MCOP.No.288 of 2004 seeking a compensation of Rs. 20,00,000/- for the death of Bharathi Vijayan. The Appellants who are the parents of the deceased are the fourth and fifth respondents in the claim petition. The Motor Accident Claims Tribunal by its Award dated 06.07.2005 in MCOP.No.288 of 2004 directed the sixth respondent to pay the respondents 1 to 4 a sum of Rs. 2,07,880/- together with interest at the rate of 7.5% per annum from the date of claim till the date of realisation and rejected the claim of the Appellants for apportionment of a part of the compensation awarded by the Tribunal to them as they claimed that they are also dependents of the deceased Bharathivijayan.

(3.) Aggrieved by the findings of the Tribunal rejecting the claim of the Appellants, the instant appeal has been filed by the parents of the deceased Bharathi Vijayan.