Honble MISRA, J.–Shri Shiv Lahari Sharma who is representing the petitioners Apurva Sharma and Yashashvi Sharma is maternal grand father and next friend of the petitioners who are minors. He is aggrieved of the order passed by the Motor Accident Claims Tribunal dated 14.12.99 by which the claim petition filed by the maternal grand father of the petitioners-Shri Shiv Lahari has been rejected on the ground that there is already a claim petition pending in regard to the claim of compensation which was filed by the paternal grand father of the minor children. The dispute claiming guardianship of the minor (Petitioners) between the maternal grand father and the paternal grand father respondent No.1 & 2 is pending before a competent Civil Court but in the meantime they are feuding bitterly as to who is actually the legal guardian of the children who is competent to pursue the dispute in regard to the claim of compensation before the Motor Accident Claims Tribunal. One claim petition was filed in the year 1997 by the respondent No.1 & 2 paternal grand parents of the minor children Apurva and Yashashvi which is pending. During pendency of the said claim petition, the maternal grand father of the minor children of the deceased victim who has preferred this writ petition, also filed a fresh claim petition in the year 1997 claiming that he alone is entitled to contest the claim petition before the Tribunal. The maternal grant father Shri Shiv Lahari Sharma had also filed an application for impleadment in the claim petition filed by the paternal grand father which was allowed against which the paternal grand father had filed the writ petition bearing S.B.C.W. Petition No. 2806/97 which was dismissed on 21.8.2000 confirming the order of the Tribunal that the maternal grant father will also be allowed to intervene and pursue the claim petition pending before the Tribunal. Thereafter the Tribunal dismissed the subsequent claim petition filed by the maternal grant father of the minor petitioners petitioners vide order dated 14.12.99 stating that the maternal grand father Shiv Lahari Sharma is already allowed to be impleaded in the claim petition filed by the paternal grand father-Hanuman Prasad Sharma and therefore, there is no need to entertain a fresh claim petition in regard to the same accident claiming compensation due to death of the parents of the minor children Apurva and Yashashvi.
This writ petition is directed against that order at the instance of the maternal grand father Shiv Lahari Sharma. It is obvious that the paternal grand father Shri Shiv Lahari Sharma has already been granted the relief to contest the matter through the claim petition filed by the paternal grand father and hence I find no infirmity in the order of the Tribunal which has been pleased to reject the claim petition filed by the paternal grand father separately, as two parallel proceedings claiming compensation in regard to one and the same accident in which the minor children- petitioners herein, lost their parents cannot be allowed to continue. It is further obvious that ultimately the dispute in regard to guardian ship of the minor children will be decided and decreed by the competent Court before whom the matter is subjudice and ultimately the amount of compensation will be received by the legal guardian of the minor children as per the decree of the Civil Court. It is difficult to understand what really can be the anxiety of the maternal grand father to institute a separate proceedng except for personal reason to file a separate claim which cannot be presented for the reason assigned as stated hereinbefore. The writ petition thus is devoid of merit and hence it stand dismissed.