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2022 Supreme(Mad) 1269

S. KANNAMMAL
Gomathy – Appellant
Versus
Oriental Insurance Company Limited – Respondent


Advocates appeared:
For the Petitioners:D. Shivakumaran, Advocate. For the Respondent:M.J. Vijaya Raghavan, Advocate

JUDGMENT

(Prayer: Civil Revision Petition is filed against the order, dated 07.11.2016, passed in R.E.P.No.12 of 2016 in M.C.O.P.No.47 of 2012 on the file of Additional District Court, Namakkal.)

1. This Civil Revision Petition is filed against the order, dated 07.11.2016, passed in R.E.P.No.12 of 2016 in M.C.O.P.No.47 of 2012 on the file of Additional District Court, Namakkal, whereby, the prayer of the legal heirs of the deceased claimant for execution of the award was rejected.

2. Petitioners are the legal heirs of one V.Seenivasan, who sustained injuries and multiple fractures on both of his legs in an accident, as a result of which, he suffered total permanent disability. He filed M.C.O.P.No.47 of 2012 before the Court below / Tribunal, claiming a compensation of Rs.35.00 lakhs, but the claim was restricted to Rs.25.00 lakhs. The Tribunal, after full-fledged trial, passed an award on 16.04.2015 for a sum of Rs.17,18,300/- and the said award has become final, as the respondent insurer has not filed any appeal or review against the same. Unfortunately, before passing of the award, the claimant died and the same was not brought to the notice of the Tribunal. Hence, the award stood i

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