1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR, BENCH AT JAIPUR JUDGMENT SB Civil Misc. Appeal No.4832/2008 Shankar Lal & Anr. v/s Mastan & Ors. Date of Judgment ::: 1st December, 2008 PRESENT HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN Shri J.P. Gupta, for the appellants. By the Court: Heard learned counsel for the appellants. The appellants have preferred this appeal challenging the impugned award dated 28.2.2007 passed by the Motor Accident Claims Tribunal, Dausa, in Motor Accident Claim Case No.240/2006 whereby the learned Tribunal has awarded a total compensation of Rs.1,80,000/- for death of Kanha, in favour of respondent No.4, Smt. Vinita, only. The only grievance of the learned counsel for the appellants is that the appellants are grand-father and grand-mother of deceased Kanha and they also filed an application for compensation in respect of his death. Smt. Vinita @ Smt. Sunita, who was natural mother of deceased Kanha, also filed a separate claim application for 2 compensation. Both the applications were consolidated. The deceased was un-married and non-earning member aged about 5 years but the entire amount has been awarded in favour of Smt. Vinita @ Sunita and no amount has been awarded in favour of the present appellants. Therefore, he is challenging the disbursement of the entire amount of compensation in favour of Smt. Vinita @ Sunita alone. I have considered the submissions of the learned counsel for the appellants in the light of reasons assigned by the learned Tribunal for not awarding any amount of compensation in favour of appellants in respect of death of Kanha. The learned counsel for the appellants does not dispute that Smt. Vinita @ Sunita is mother of deceased Kanha and she comes in Class-I of the Schedule appended with Hindu Succession Act, 1956. The present appellants who are grand mother and father, do not fall in Class-I and in these circumstances, the only legal heirs for the purpose of getting compensation is mother of deceased. In view of above legal position, the Tribunal has directed that Smt. Vinita alone will get the amount of compensation. The reasons assigned by the 3 learned Tribunal, appears to be perfectly justified and no interference in it, is called for. In view of the above discussion, I do not find any merit in this appeal and the same is accordingly dismissed in limine. (N.K. Jain), J. Chauhan/