Shanker Rao Shinde and Another vs Syed Isaq and Others

V.V.S. Rao, J.—Neela, a teacher working in a private school, died in a motor accident on 23rd May, 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-CMW-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 oh 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 u/s 140 of the Motor Vehicles Act/1988. Aggrieved by the award, dated 30th October, 1998, in O.P. No. 514 of 1993, the present appeal is filed.

This Court heard Learned Counsel for the Appellants and the learned standing Counsel for the Insurance Company. Section 15 of the Act reads asunder:

General rules of succession in the case of female Hindus.-

(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in Section 16,-

(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;

(b) secondly, upon the heirs of the husband;

(c) thirdly, upon the mother and father;

(d) fourthly, upon the heirs of the father; and

(e) lastly/upon the heirs of the mother.

(2) Notwithstanding anything contained in Sub-section (1),-

(a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in Sub-section (1) in the order specified therein, but upon the heirs of the father; and

(b) any property inherited by a female Hindu from her husband or from her father-in-law shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in Sub-section (1) in the order specified therein, but upon the heirs of the husband.

A bare perusal of the above would show that when a female Hindu dies intestate, her property shall devolve, firstly, upon sons, daughters and husband; secondly, upon heirs of husband; thirdly, upon her parents; fourthly, upon heirs of father; and lastly, upon heirs of mother. In this case, there is no dispute that husband of deceased has brothers, who had already filed O.P. claiming compensation. Therefore, learned Tribunal correctly applied legal principle and no interference is warranted.

The civil miscellaneous appeal is, therefore, dismissed. No Costs.