HARIJAN SONBAI Vs. HARIJAN VELA GANGJI & ANOTHER

JUDGEMENT

(1.) In this application -Exh. 22 the applicant Sonbai stated that she was the daughter of Gangji Kara who expired due to fatal motor accident. She has further stated that even though she was one of the heirs and legal representatives of the deceased Gangji, her brother Velaji Gangji who had filed a claim petition before the Motor Accident Claim Tribunal for getting compensation of Rs. 54, 000/-, had not joined her as one of the claimants.

(2.) It appears from the order of the Tribunal that the original claimant Velaji Gangji opposed this application on the ground that his sister who was married was not a dependent on the deceased father, and that the claim petition had been filed in forma pauperis.

(3.) The Tribunal rejected the application on the ground that even though the daughter may be a legal heir under the Hindu Succession Act, the main question that would be decided was not the question of heirship, but also the question of dependency. The Tribunal further observed that if her application is granted the question of payment of court fees and determining the indigent status of the claimant would also arise.