1. This appeal has been preferred by appellant, original opponent no.3, against the judgment and award dated 02.04.2007 passed by the Motor Accident Claims Tribunal, Panchmahals at Godhra in M.A.C.P. No.37/2005 whereby, the claim petition was allowed in part. The aforesaid claim petition was preferred in connection with the vehicular accident that took place on 07.11.2004 in which Udesinh had expired.
2. It has been mainly contended that the claimants are the elder brother and the so-called adopted son of deceased, who are not entitled to get compensation under the M. V. Act in view of the principle laid down by the Apex Court in the case of Sarla Verma v. Delhi Road Transport Corporation, (2009) 6 SCC 121. On the other hand, learned counsel Mr. Baghel appearing on behalf of the claimants supported the impugned award and submitted that original applicant no.1 is the adopted son of deceased and therefore, the Tribunal has rightly awarded compensation.
3. Heard learned counsel for the respective parties. It is not in dispute that applicant no.2 is the elder brother of deceased. So far as applicant no.1 is concerned, it is claimed that he is the adopted son of deceased. However, no evidence in the nature of Adoption Deed was produced on record to prove the same. In fact, in the FIR filed in connection with the accident in question, it was averred by the claimant himself that he is the nephew of deceased. Further, it also appears from the FIR that the vehicle in question was not involved in the accident. In view of the above, the claimants are entitled to get compensation only under the head of loss of estate and under no other heads.
4. For the foregoing reasons, the appeal is allowed. The impugned award passed by the Tribunal is quashed and set aside only qua the direction of the Tribunal holding the appellant-Insurance Company liable to satisfy the claim. The Tribunal concerned is directed to refund the amount deposited by the appellant in pursuance of the award along with interest. It is, however, clarified that if the same is already withdrawn by the original claimants, then the same shall not be recovered from the claimants but, shall be recovered from the owner of the offending vehicle. With the above observation, the appeal stands disposed of. No order as to costs.
[K. S. JHAVERI, J.] Pravin/*