The claimant filed this appeal against the dismissal of his claim petition in MCOP.No.67 of 2003, on the file of the learned Additional District and Sessions Judge, Fast Track Court No.IV, Periyakulam.
2. The claim petition is filed seeking compensation for the death of one Kamu ammal, who died as a result of the road accident that occurred on 28.05.2002. In the claim petition, the claimant would describe himself as the foster-son of the deceased Kamu Ammal. Therefore the Tribunal dismissed the claim petition without going into the other issues regarding the cause of death as well as the quantum of compensation.
3. Mr.R.Raja Mohan, learned counsel for the appellant would contend that the claimant had produced Ex.P6, Will, which has been proved as required under
Section 68 of the Indian Evidence Act, 1872, which describes the claimant as the son of the first wife of the husband of the said Kamu Ammal. Under
Section 15 of the Hindu Succession Act, 1956, if a female Hindu died without issues, heir of her husband will be her legal representatives. The petitioner being the heir of the husband of the deceased Kamu Ammal is definitely legal representative of the deceased. The Will also states that the claimant was living with the said Kamu Ammal as her foster-son. Therefore, it is clear that he was also dependent of the said Kamu Ammal.
4. Therefore, the Tribunal is not right in dismissing the claim petition on the ground that the claimant is not the legal representative of the deceased. Hence, the award of the Tribunal dismissing the claim petition deserves to be set aside and is accordingly set aside. The appeal is allowed. Since the cause of death as well as the quantum of compensation has not been determined by the Tribunal it had become necessary to remit MCOP.No.67 of 2003, to the file of the learned Additional District and Sessions Judge, Fast Track Court No.IV, Periyakulam to enable the Court to decide on the cause of death as well as the quantum of compensation. The Tribunal is directed to decide both the questions namely, the cause of death as well as the quantum of compensation. No Costs.
6. The parties are at liberty to let in fresh evidence if so advised on the cause of death and the quantum of compensation. Considering the fact that the Petition is of the year 2003, the Additional District and Sessions Judge, Fast Track Court No.IV, Periyakulam is directed to dispose of MCOP.NO.67 of 2003 on or before 31.12.2017.
7. The Registry is directed to despatch the records along with the copy of this order to the Additional District and Sessions Judge, Fast Track Court No.IV, Periyakulam forthwith.
To The Additional District & Sessions Judge, Fast Track Court No.IV, Periyakulam..