CHENNAI: In an important first, the Madras high court has recognised a spiritual organisation because the felony heir of a deceased individual, and declared it eligible to obtain compensation in a motor twist of fate declare.
Justice A M Basheer Ahamed authorized St Maria Auxilum Sisters’s Congress, represented by means of its mother basic, Sister Animariya, to say compensation for the demise of Sister Alangara Mary.
On March 1, 2002, Mary died in a highway twist of fate involving a
state transport company bus, whilst she was once using a twowheeler at the Trichy-Dindigul highway.
Claiming that the demise occurred because of rash and negligent using by means of the bus driving force, the congress, of which Mary was once a member, approached the Motor Accident Claims Tribunal, Trichy, in search of compensation.
Allowing the declare, the tribunal directed the Tamil Nadu State Transport Corporation Ltd, (Kumbakonam Divisional 2), to pay ₹three.22 lakh as compensation to the congress.
‘Employer cannot be felony heir of dead staffer’
Aggrieved, the company most popular the existing attraction within the high court. When the plea came up for hearing, the company disputed the locus standi of the congress to say compensation, as felony dependent of the deceased.
The company contended that a spiritual organisation cannot be a felony consultant of the deceased claiming compensation. “There was once an employer-employee dating between the deceased and claimant, and so an employer cannot be a felony heir of the deceased employee,” the company said.
Opposing the contention, the congress relied at the decision made by means of the Supreme Court in Montfort Brothers of St Gabriel case and said a spiritual organisation may undergo really extensive loss because of the demise of voluntary employee making it eligible to say such compensation.
“The deceased joined the organisation and did services to the society after denouncing her circle of relatives and was once working as a sister beneath the congress prior to the date of twist of fate. The tribunal concluded that the claimant organisation suffered really extensive loss because of the demise of the voluntary employee in a fatal twist of fate and has allowed the declare,” the congress said.
Concurring with the submissions, the pass judgement on said, when there is not any evidence that the deceased was once having different felony consultant at the date of the twist of fate, taking into consideration the verdict of the Apex Court relied on by means of the congress, it has locus standi and entitled to deal with the declare petition, as felony consultant of the sister.
Welcoming the judgment, recommend and motor twist of fate declare skilled V Suresh said: “Though the Supreme Court has upheld the felony proper of such establishments to say compensation at the demise of its participants, this is the first time the high court has allowed any such declare petition in Tamil Nadu.”
Justice A M Basheer Ahamed authorized St Maria Auxilum Sisters’s Congress, represented by means of its mother basic, Sister Animariya, to say compensation for the demise of Sister Alangara Mary.
On March 1, 2002, Mary died in a highway twist of fate involving a
state transport company bus, whilst she was once using a twowheeler at the Trichy-Dindigul highway.
Claiming that the demise occurred because of rash and negligent using by means of the bus driving force, the congress, of which Mary was once a member, approached the Motor Accident Claims Tribunal, Trichy, in search of compensation.
Allowing the declare, the tribunal directed the Tamil Nadu State Transport Corporation Ltd, (Kumbakonam Divisional 2), to pay ₹three.22 lakh as compensation to the congress.
‘Employer cannot be felony heir of dead staffer’
Aggrieved, the company most popular the existing attraction within the high court. When the plea came up for hearing, the company disputed the locus standi of the congress to say compensation, as felony dependent of the deceased.
The company contended that a spiritual organisation cannot be a felony consultant of the deceased claiming compensation. “There was once an employer-employee dating between the deceased and claimant, and so an employer cannot be a felony heir of the deceased employee,” the company said.
Opposing the contention, the congress relied at the decision made by means of the Supreme Court in Montfort Brothers of St Gabriel case and said a spiritual organisation may undergo really extensive loss because of the demise of voluntary employee making it eligible to say such compensation.
“The deceased joined the organisation and did services to the society after denouncing her circle of relatives and was once working as a sister beneath the congress prior to the date of twist of fate. The tribunal concluded that the claimant organisation suffered really extensive loss because of the demise of the voluntary employee in a fatal twist of fate and has allowed the declare,” the congress said.
Concurring with the submissions, the pass judgement on said, when there is not any evidence that the deceased was once having different felony consultant at the date of the twist of fate, taking into consideration the verdict of the Apex Court relied on by means of the congress, it has locus standi and entitled to deal with the declare petition, as felony consultant of the sister.
Welcoming the judgment, recommend and motor twist of fate declare skilled V Suresh said: “Though the Supreme Court has upheld the felony proper of such establishments to say compensation at the demise of its participants, this is the first time the high court has allowed any such declare petition in Tamil Nadu.”
Religious body recognised legal heir of dead nun
![Religious body recognised legal heir of dead nun]()
Reviewed by Kailash
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June 02, 2018
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