In a motor accident claims case, in which the mother of the deceased man and a child, allegedly born to him out of wedlock, are staking claim to the compensation of Rs 16.70 lakh awarded by a tribunal, Madras High Court today allowed the latter to utilise the interest on a portion of the amount.
Justices V Ramasubramanian and N Kirubakaran in their interim order on an appeal said withdrawal of the amount was being allowed for the present without prejudice to the claim of Philomina, mother of the deceased Madhan.
The Judges directed Sera, who filed a petition on behalf of her son Prince Solomon, to keep the amount in fixed deposit and draw only the interest pending adjudication of the appeal.
Sera contended that she was in love with Madhan, working in a ship. She had sexual relationship with him after he assured to marry her. Later he cheated her and she filed a case against Madhan under various sections of IPC including 417 (cheating), 376 (rape) and 420 (cheating).
After the birth of the son, a court had on July 24, 2009 ordered DNA test. But before conducting the test, Madhan died in an accident.
Sera submited that she has her son's birth certificate with Madhan as father.
Philomina had filed a petition in the Tribunal and it awarded Rs 16.70 lakh in favour of her and dismissed the claim of Sera's son, as it was not proved that he is the legal heir of Madhan.
As Philoma started withdrawing compensation amount, Sera filed a petition in the High Court on behalf of her son.
