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2009 Supreme(Mad) 1424

PRABHA SRIDEVAN, T.S.SIVAGNANAM
National Insurance Co. Ltd. – Appellant
Versus
Minor Deepika & Others – Respondent


Advocates Appeared:
For the Appellant:N. Vijayaraghavan, Advocate.
For the Respondents:R1 to R3, K. Sivakumar, J. Mahalingam, Advocates.

Judgment

Prabha Sridevan, J.

1. Minor Deepika lost both her parents in the accident that took place on 26.03.1999. She made claims for compensation for the death of her father as well as her mother by filing M.C.O.P.Nos.1438 and 1439 of 2000. The Tribunal had awarded Rs.11,10,576/- as compensation in M.C.O.P.No.1438/2000 and Rs.6,52,000/- in M.C.O.P.No.1439/2000.

2. The learned counsel for the appellant-Insurance Company submitted that the compensation was claimed on the ground that the father and mother of the claimant was running a partnership company under the name and style of "R.R. Agencies", but no proof of partnership was filed and the Tribunal had arbitrarily adopted Rs.5,500/-as the monthly income for the deceased-father. Learned counsel also submitted that when the claimant was receiving compensation on account of the death of her father, the loss of dependency arising out of her mother may have to be reduced.

3. Learned counsel for the cross objectors/claimants submitted that the deceased-father was a B.Com Graduate and he was running a partnership company. Employees were examined to show the existence of the business and in fact two employees P.Ws.3 and 4 gave evidence























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