A.K.ANNAMALAI, J. - (1.) The 1st opposite party is the appellant.
(2.) The complainant filed a complaint against the opposite parties 1 and 2 praying for directing the opposite parties to grant the pensionery and other death benefits of the deceased husband from 1.8.97 onwards and to pay Rs.25,000/- and Rs.10,000/- as compensation with 12% interest and for costs.
(3.) The complainant in her complaint as stated her husband Singaravelu was an ex-serviceman and got his employment as a Security Guard in the 2nd opposite party company and submitted necessary papers for nominating the complainant as his wife with intention to receive his retirement benefits including pension. When the complainant approached the 2nd opposite party after death of his husband one Susila and Others also claimed the same as legal heirs of the husband and thereby an application for succession in O.P.25/2001 was filed before the Sub-Court, Thiruvarur. In that petition Susila claimed to be the first wife of the deceased Seingaravelu and in the proceedings the compromise was effected and in which the complainant has admitted to be the wife of Singaravelu is entitled to receive pensionary benefits payable to the deceased as the security guard. Though the 2nd opposite party sent the contribution towards employees provident fund to the 1st opposite party the complainant has not received the relevant pension amount as she is only the person entitled to receive the monthly pension in the capacity of his legally wedded wife and as declared by the Court in SOP No.25/2005. But the opposite party did not pay the amount and she sent notices to both opposite parties and in spite of 2nd opposite party sent the papers for payment to the 1st opposite party, as the 1st opposite party did not pay the same which caused mental agony, for which claiming compensation as stated above.;