IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.473 OF 2009 Francisca Michael Alias Geeta K. Bhatia ..... Petitioner V/s. National Aviation Company of India Ltd. and Ors. ..... Respondents Mr.Vivek Kantawala with Ms.Martha Butala i/by Vivek Kantawala and Co., for the petitioner. Mr.D.G.Dhanure a/w Mr.Sunil Chavan i/by M.V.Kini & Co., for the respondents. CORAM : P.B.MAJMUDAR & R.M.SAVANT, JJ. DATED : 22TH APRIL, 2009. P.C. 1. It is not in dispute that the petitioner is a widow of the deceased Kirankumar G. Bhatia, who was an employee of the respondent No.1, The deceased husband of the petitioner died while in the employment. It is also not in dispute that name of the petitioner was given by the deceased husband as his nominee, while he was in employment of respondent No.1. The petitioner is having two daughters namely Jennifer Michael and Christina Michael. 2. By way of this petition, the petitioner has prayed that the legitimate dues in connection with the post-terminal benefits of her late husband may be paid to her and other legal heirs. The learned counsel for 2 the respondents submitted that the deceased is having a mother who is alive and therefore, 25% of the dues are reserved and is required to be paid to her as per the nomination of the deceased. It is pointed out to us that till the death of the husband of the petitioner, the marriage between the petitioner and the deceased husband subsisted and it was not dissolved in any manner. Since the petitioner and her two daughters are also legal heirs of the deceased, they are entitled to have a part of the retiral dues of the deceased. On behalf of the petitioner, affidavit has been filed, which is taken on record and the copy of the same is being given to the learned counsel for the respondents. 3. As per the said affidavit/undertaking, the petitioner has stated that 80% of the amount is to be paid to her and remaining 20% amount be paid to the mother of the deceased. In the affidavit, it is stated that her two daughters are residing with her and whatever amount which she may get, she will hand over the entire amount to her two daughters in equal shares. 4. The deceased was governed by the provisions of Hindu Law and his mother is also a Class I heir as per Section 8 of the Hindu Succession Act. Considering the said aspect of the matter, out of total retiral dues of the deceased, the petitioner and her two daughters are 3 required to be paid 25% each and rest 25% should go to the mother of the deceased. The respondents shall calculate the amount payable on that basis. Accordingly, 25% each share shall go to the petitioner and her two daughters and the cheques should be issued in the respective names. It is for the petitioner to transfer her share to her two daughters. The respondents shall send remaining amount of 25% to the mother of the deceased, so that the amount may not remain with the respondents for a long time. The respondents are directed to disburse the amount as indicated above, within a period of one month from today. The respondents shall act accordingly in this behalf. Needless to say that whatever amount is required to be paid shall be properly calculated and as per the rules and regulations such calculation to be made. 5. Subject to what is stated above, the petition is disposed of. ( R.M.SAVANT, J. ) ( P.B.MAJMUDAR, J. )