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2017 Supreme(Mad) 1100

S.VIMALA
M. Kavitha – Appellant
Versus
G. Murugan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : M/s.Ma.Pa.Thangavel
For the Respondent: Mr.T.Ravichandran

JUDGMENT :

When the right to claim compensation depends upon the right to entitlement and when a claim is made by the married daughters and when they are not considered as dependents upon the deceased (financially):

(a) whether claim for compensation can be declined on the ground that they are not the Dependants;

(b) Whether the compensation should be awarded/can be awarded compensation under the statutory liability; and

(c) whether the compensation to be awarded cannot be less than the compensation payable under statutory Liability ?

These are the issues arising for consideration in these Appeals.

2. Claim Petition in M.C.O.P.No.134 of 2009 has been filed by M.Kavitha, S.Sathiya and M.Menaka (aged 28, 27 and 24 years respectively), claiming compensation of Rs.20,00,000/- caused on account of death of their father, Murugesan, aged 50 years, who was a Power Loom owner, earning a sum of Rs.13,000/- p.m.

2.1. The Subordinate Judge, Bhavani, who inquired the claim, awarded a sum of Rs.55,000/- along with interest at 7.5% p.a. from the date of petition till the date of deposit.

2.2. The cla




































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