N.P.GUPTA, J. - (1.) HEARD learned Counsel for the parties present.
(2.) BY the impugned order, the learned Trial Court (MACT) has directed that out of awarded amount, a sum of Rs. 85,000/ - be given to the widow of the deceased Smt. Saroj. The peculiar facts and circumstances of the case are, that for the death of one Khet Singh, who died on 4.3.2000, a claim petition was filed by the parents on 29.7.2000, being Claim Case No. 59/2000 without disclosing the factum of deceased having left any widow, and in that claim, on 13.3.2002, a compromise was arrived at through Lok Adalat, and accordingly an award of Rs. 1,00,000/ - was passed. What is significant to note is, that, in that compromise award, it was specifically stipulated, that if it is found that deceased has left the widow, and if she files any, claim, then it will be the responsibility of the present claimants (parents), to satisfy her claim. It is on 29.4.2002 itself, that widow Smt. Saroj filed an application, copy whereof has been filed with this appeal as Annex. 2, alleging that she was married with Khet Singh on 24.4.1992, and claim has been filed only by parents of the deceased, wherein award has been passed, amount whereof has not been deposited with the Court so far, and the applicant is the widow, being first class heir, is entitled to get that amount.
(3.) ONLY stand taken in reply to this application was, that award has been passed on 13.3.2002, pursuant whereto cheque has been deposited in the name of Kesa Ram (father of Khet Singh), while Smt. Saroj, who has filed the application for making payment to her, is not the party to the claim, while award has been passed in favour of the claimants (parents) only, and Smt. Saroj has remarried with one Dashrath, and from that wedlock, a son has been born and, therefore, Smt. Saroj is not entitled to any amount of compensation.;