GUJLIBEN VELJIBHAI RATHWA Vs. MAHESHBHAI MOHANBHAI DESAI

JUDGEMENT

(1.) Admit. Notice waived by Mr. T.J. Bhattji for respondent no. 7 - original claimant no. 1, widow of deceased. Whereas remaining respondents against whom no relief is claimed in the appeal are not necessary parties and, therefore, they are permitted to be deleted.

(2.) The only question which has been raised before us in this appeal is with regard to apportionment of compensation awarded to original claimants on account of unfortunate demise of bread winner, out of whom one happened to be the widow and the other widowed mother.

(3.) The Tribunal before passing final order has observed that original applicant no. 2 who was the mother of the deceased would be entitled to 1/3rd amount of compensation as a necessary corollary. The original claimant no. 1 widow would be entitled to remaining amount of compensation. No-doubt the question of apportionment of amount of compensation cannot be in a strict rigid straight jacket formula. It has to be moulded and shaped in accordance with the facts of a given case and extent of dependency on the income of deceased in case of no earning members of the family together with age and avocation, if any, and the prospects of re-marriage in so far as disbursement aspect of apportionment part is concerned.