THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY C.M.A.No.852 of 2008 JUDGMENT: The appellants herein filed P.O.P.No.3 of 2006 before the Court of the Principal Senior Civil Judge, Kothagudem against the respondents, as indigent persons, for the relief of declaration that they are entitled to claim half share out of the death/retirement benefits payable to late Kiran Kumar, who was employed in Singareni Collieries Company Limited, Kothagudem. The trial Court dismissed the P.O.P. by recording a finding to the effect that appellant No.1 failed to prove her marriage with the deceased. This appeal is filed against the said order. The appellants contend that late Kiran Kumar was initially married to a woman, by name Lavanya and they gave birth to respondent Nos. 1 and 2. It was pleaded that after the death of Lavanya, he married appellant No.1 and they gave birth to appellant No.2. Appellant Nos. 1 and 2 on the one hand, and respondent Nos. 1 and 2 on the other, filed a Memorandum of Compromise, in which it was mentioned that four of them shall be entitled to the death benefits payable to late Kiran Kumar, in equal shares. Appellant No.1 and respondent No.1 are majors and appellant No.2 and respondent No.2 are minors. Though the initial attempt of the parties was to permit appellant No.1 and respondent No.1 to take the benefits, including the shares of the appellant No.2 and respondent No.2, this Court insisted that the shares payable to the minors shall be kept in a fixed deposit. Accordingly, a revised Memorandum of Compromise was submitted. The appellant No.1 and respondent No.1 are present in their individual capacities. The minors are also present through their guardians. All of them vouched for the correctness of the terms of the compromise. The learned counsel for the parties have also identified their clients. Hence, the appeal is ordered in terms of the Memorandum of Compromise and it is directed that appellant Nos. 1 and 2 and respondent Nos.1 and 2 shall be entitled to equal shares i.e. one-fourth each from out of the amounts payable by respondent Nos. 3 to 5 as well as the insurance payable by respondent No.6. It is made clear that the shares of appellant No.2, Polamuri Sandeep Kumar, and respondent No.2, Polamuri Keerthi Priya, shall be kept in fixed deposit in a nationalised bank, till they attain the age of 20 years. The interest that accrues on such amounts shall be withdrawn by their guardians, once in every six months, and the same shall be spent for their education or other welfare activities. _____________________ L.NARASIMHA REDDY,J Dt:28.08.2009 kdl