RAMSHER Vs. BIRAJO BAI

JUDGEMENT

(1.) IN a motor accident claim case, by the impugned order dated 8th April, 1992, the Court has awarded the compensation to the claimants under no fault liability in the sum of Rs. 25,000/- for death. The learned Judge of the Claims Tribunal has apportioned that amount for payment to several dependents in the following manner:

(2.) THE learned Counsel appearing on behalf of the parents argues by filing this appeal that in apportioning the amount of interim compensation, the learned Judge of the Claims Tribunal ought to have considered, that the legitimacy of relationship with Birajo Bai and the parentage of the minor daughter are all disputed matters for decision in the main case. It is also submitted that the apportionment made by the learned Judge is unjust as it overlooks to the needs of the parents.

(3.) AFTER hearing the learned Counsel for the appellants, I find hardly any scope for interference with the order of the Claims Tribunal. However, as the questions of validity of marriage of the deceased with Birajo Bai and the legitimacy of Ku. Kachru, as their daughter, are matters in issue between the parties, the amount of compensation in deposit with the Claims Tribunal be apportioned and paid in the following manners: