SHANKER RAO SHINDE Vs. SYED ISAQ

JUDGEMENT

(1.) -Neela, a teacher working in a private school, died in a motor accident on 23.5.1993. The appellants (hereafter called, 'claimants'), who are the father and mother of Neela, filed O.P. No. 514 of 1993 before the Motor Accidents Claims Tribunal-cum-Additional District Judge, Medak, claiming an amount of Rs. 1,00,000 as compensation. They alleged that deceased was aged 35 years and that she was drawing Rs. 2,600 as salary. They further allege that they were dependent on their daughter, as they had no income. The insurance company opposed the O.P. After evidence was let in, the learned Tribunal came to the conclusion that the accident occurred due to rash and negligent driving of the lorry driver involved in the accident. The learned Tribunal also considered the question whether claimants, being parents, are entitled for claiming compensation. Referring to section 15 of the Hindu Succession Act, 1956 ('the Act', for brevity), learned Tribunal came to the conclusion that when the deceased had other legal heirs, like the heirs of the husband, the parents are not entitled. Reference was also made to O.P. No. 524 of 1993 filed by the brothers of husband of Neela. However, an amount of Rs. 25,000 was awarded under section 140 of the Motor Vehicles Act, 1988. Aggrieved by the award, dated 30.10.1998, in O.P. No. 514 of 1993, the present appeal is filed.

(2.) THIS court heard learned counsel for the appellants and the learned standing counsel for the insurance company. Section 15 of the Act reads as under: