K POOLAMMA Vs. ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) There are four claimants in the O.P. Admittedly, it has been found by the Tribunal that all the four claimants are entitled for a compensation of Rs.23,000/- The amount has been apportioned and Rs.6,000/- has been awarded to the 4th claimant. Subsequently the 4th claimant died. The claimants claiming to be the legal representatives of the 4th claimant filed a petition that the amount that has been awarded in favour of the 4th claimant may be paid to them. The same was dismissed by the Tribunal. Against that, the present appeal has been filed.

(2.) The 4th claimant has been awarded a compensation of Rs.6,000/- and it has become final. The legal representatives of mat claimant alone are entitled to the said amount and the Insurance Company cannot claim any amount In a case where the award has become final and where the amount has been apportioned and one of the claimants died, before withdrawal of that amount or before execution of mat award, the legal representatives of the claimant alone are entitled for mat amount and the Insurance Company is not entitled for the same.

(3.) The C.M.A. is therefore allowed. No costs.