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Judgment
Hon''ble Mr Justice Huluvadi G. Ramesh
Notice to respondents 1 and 2 is dispensed with.
Heard.
This appeal is by the 3rd and 4th respondents who have been arrayed as the parents of the deceased Arun kumar before the Tribunal.
The claiments are wife, minor child and the parents of the deceased Arun Kumar (claimants-1 to 4). They filed the claim petition alleging the death of Arun Kumar in the motor vehicle accident that occurred on 18.6.2009 around 11.30 p.m. The Tribunal having held that the deceased died due to accidental injuries, awarded compensation of Rs. 6,67,000/- to claimants-1 to 3 (wife, minor child and father of the deceased) with interest at 6% fastening the liability on the insurer to pay the compensation. However, mother of the deceased was not paid any compensation. Being aggrieved, the claimants-3 and 4 i.e., father and mother have filed the petition seeking to modify the judgment and award passed by the Tribunal and to award compensation to the 4th claimant/appellant No. 2 treating her as the dependant of the deceased.
On going through the record, I am of the view that since the appellants are the parents of the deceased Arun Kumar, they are entitled for Rs. 1 lakh each with interest at 6% p.a. Accordingly, the appeal is allowed in part modifying the judgment and decree of the Tribunal.
The Tribunal shall-disburse, the said amount to the claimants-3 and 4 with interest at 6% p.a.
In view of allowing the appeal in part, I.A. 1/11 filed for stay does not survive for consideration and the same is disposed of.