GANGABEN BHAGWANDAS KATEJA Vs. VINODBHAI MANUBHAI PATEL

JUDGEMENT

(1.) Present petition has been preferred by the beneficiaries of the order passed by the learned Presiding Officer, Fast Track Court No.9, Vadodara dated 22nd June, 2007 in Motor Accident Claims Petition No.596 of 1999. By the aforesaid order, the trial Court passed the apportionment and disbursement of the awarded amount of Rs.15,00,000/- with interest, and the same comes to Rs.23,52,630/-. The trial Court ordered the apportionment and disbursement of the amount as under,

(2.) The petitioners are present before this Court. Though, served none appears on behalf of respondents. Learned Counsel for the petitioners has submitted that petitioner No.1 is the grandmother of petitioner No.2 and mother of the deceased whereas Petitioner No.2 is daughter of the deceased and the grand-daughter of petitioner No.1. Learned Counsel for the petitioners has further submitted that the petitioner Nos. 1 and 2 were apportioned the aforesaid amount by the learned Presiding Officer, Fast Track Court No.9, Vadodara but, since petitioner No.1 is desirous to accept only 1/3rd of the amount so awarded, the balance 2/3rd of the said amount be given to the daughter of the deceased and grand-daughter of petitioner No.1, i.e. petitioner No.2, herein.

(3.) This Court has called petitioner Nos. 1 and 2 before the Court and has put a question as to whether petitioner No.1 i.e. the grandmother of petitioner No.2, voluntarily desires to give up / relinquish her right, as stated hereinabove, in favour of petitioner No.2. In response to that, petitioner no. 1 gave her consent to the same. Learned Counsel for the petitioners has produced the calculation which may be apportioned and awarded by this Court, instead of aforesaid apportionment and the same is taken on record.