RAJALAKSHMI Vs. BALASUBRAMANIAN

JUDGEMENT

(1.) Heard the learned counsel appearing for the appellant / claimant and the learned counsel appearing for the 2nd respondent / Insurance Company.

(2.) It is a case of fatal. The manner of the accident is not in dispute. The deceased was a child and aged about 8 years at the time of the accident. The appellant / claimant and the third respondent are mother and father respectively of the deceased. The Tribunal has awarded a sum of Rs. 5 lakhs, out of which the appellant / claimant was directed to get Rs. 3 lakhs and the third respondent was directed to get Rs. 2 lakhs.

(3.) The appellant / claimant has filed this appeal only questioning the apportionment made by the Tribunal in favour of the father of the child viz., third respondent on the ground that they have already separated themselves by entering into Breach of Marriage Deed, dated 17.09.2014 and that the appellant / claimant alone has been taking care of the deceased and though the said deed has been marked as Ex.P10, the Tribunal, without considering the same, has awarded a sum of Rs. 2 lakhs in favour of the father of the deceased. Thus, she prayed to direct the second respondent to hand over the entire award amount to the appellant / claimant.