KUMARI MINAKSHI Vs. HARBANS KAUR

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India read with Section 24 of the Code of Civil Procedure has been filed by Kumari Minakshi and her brother Robin, through their grandfather Ram Chand Bhatia, acting as their guardian and next friend.

(2.) In order to examine the merits of this petition reference to basic facts would be necessary. One Shri Mukesh Kumar Chopra was married to Smt. Savita. From this marriage petitioners Kumari Minakshi and Robin were born. Unfortunately, Smt. Savita pre-deceased Mr. Mukesh Chopra, who died in a road accident on 10.2.1998. On or about 11.3.1998 the two minor children through their grand-father filed a petition under Section 166 read with Section 140 of the Motor Vehicles Act for grant of compensation. The said petition was registered as No. 21 of 1998 and is stated to be pending in the Court of Motor Accidents Claims Tribunal, Karnal.

(3.) However, Smt. Harbans Kaur, Master Sandeep Singh and Ms. Naveep Kaur filed another petition claiming compensation as a result of death of Mukesh Chopra, before the Motor Accidents Claims Tribunal, Chandigarh. The said petition was filed on or before 17.3.1998 and was subsequently amended on 27.10.1998. This petition has been registered as case No. 40 of 1998 and is stated to be pending before the Chandigarh Tribunal. Mrs. Harbans Kaur has claimed that she is the wife of Mukesh Chopra as he had married her after the death of his first wife and two children were born from their marriage. Upon the death of Mukesh Chopra they claim to be entitled to receive the compensation.