NATIONAL INSURANCE CO Vs. GOPALCHANDRA CHETANDAS MAHATMA

JUDGEMENT

(1.) Both these appeals were heard analogously as the selfsame Award dated January 25, 2007, passed by the Motor Accident Claims Tribunal [Aux.], Ahmedabad [hereafter to be referred to as "the Tribunal"] in Motor Accident Claim Petition No. 1130 of 2001 is the subject-matter of these two appeals, one filed at the instance of the Insurance Company and the other, at the instance of the claimants.

(2.) By the Award impugned herein, the Tribunal has awarded a sum of Rs. 6,68,200/- towards compensation with interest at the rate of 9% per annum from the date of filing of the claim-petition till realization, as well as, the proportionate costs of the petition.

(3.) First Appeal No. 5196 of 2007 has been filed by National Insurance Company against the aforesaid Award alleging that the claimants had no locus standi to maintain the application for compensation on the death of the victim, inasmuch as, the parents and the brother of the victim are not heirs and legal representatives of the deceased married Hindu lady in accordance with Hindu Succession Act, 1956 when her husband was alive.