MEENABEN RAMESHKUMAR PUROHIT Vs. JAYANTILAL NANJIBHAI

JUDGEMENT

(1.) WHEN the matter is taken up for hearing, Mr.Shital R. Patel, learned Counsel for original respondent No.3 states that the original respondent No.3, Naranbhai Khushalbhai Purohit has expired and his legal heirs are (i) Vinodbhai Naranbhai Purohit, (ii) Chaganbhai Naranbhai Purohit, (iii) Manjuben ? wife of Jagdishbhai Purohit ? daughter of Naranbhai Purohit, and (iv) Rekhaben Purohit ? wife of Jabbarsinh Purohit ? daughter of Naranbhai Purohit.

(2.) UNDER these circumstances, the learned Counsel for the appellant, Mrs. S. D. Rami prays for joining the aforesaid legal heirs as party ? respondents.

(3.) THE short facts of the case appear to be that Meenaben, the appellant wife of the deceased and Naranbhai Purohit ? original respondent No.3 father of the deceased had filed Claim Petition No.800 of 1996 for recovery of the compensation of Rs.13,67,000/- before the Tribunal at Ahmedabad. THE Claim Tribunal vide judgement and award dated 28.6.2007 ordered for compensation of Rs.12,83,000/- with interest at the rate of 9% per annum and the said quantum of compensation is not under challenge in the present appeal. But it appears that the Tribunal while awarding compensation also made, inter se, apportionment of the quantum of compensation between both the applicants at the rate of 50% namely; half of the amount each and it is that part of the apportionment of the compensation between both the claimants namely; the appellant and the original respondent No.3, is challenged in the present appeal.