(Per : HONOURABLE MR.JUSTICE JAYANT PATEL) Leave to delete respondent no.4.
Rule.
Mr.Mehta appearing for the main contesting party, respondent no.3 waives notice of Rule. The presence of other parties to the proceeding would not be required in view of the order passed by us hereinafter.
The present application is for bringing on record the legal heirs of original appellants-applicants no.1, 4 and 5 and it is prayed that respondent nos. 2 and 3 be permitted to be represented as legal heirs of those deceased appellants.
As per the death certificate produced on record, it appears that Lalitaben, the widow of the deceased, who had died in the accident, viz. Prahladbhai Shamalbhai Patel, has expired. The parents, who are claimants viz. Shantaben Shamalbhai Patel and Shamalbhai Ganeshbhai Patel, have also expired. Under these circumstances, they can be permitted to be represented through the remaining claimants, i.e., original appellants no.2 and 3. Even otherwise also the original appellants no.2 and 3 who were minor at the relevant point of time, but now are major, are the members of the family of the deceased Prahladbhai who died in the accident and as per the pedhinana/pedigree, produced at Annexure-E, page 35, the deceased was having only two sons, appellants no.2 and 3 and has no daughter. Therefore, the compensation on account of the death of the deceased can go to the surviving claimants-appellants no.2 and 3, sons of the deceased who died in the accident.
No other adverse circumstances are brought to the notice of this Court.
Hence, we allow the original appellants no.2 and 3 to represent the interest of original appellants no.1,4 and 5 . Accordingly, out of the compensation amount ordered and deposited, both claimants viz. Ketulbhai Prahladbhai Patel and Uttambhai @ Babo Prahladbhai Patel (as per secondary school certificate), copy whereof is produced at Annexure-G shall share equally the amount of compensation. The tribunal shall accordingly implement the order for disbursement and investment.
Application disposed of accordingly.
(JAYANT PATEL, J.) (AKIL KURESHI, J.) (R.M.CHHAYA, J.) *bjoy Top