JAYANT PATEL, J. ( 1 ) WITH the consent of learned counsel appearing for both sides matter is taken up for final hearing today. ( 2 ) THE short facts of the case are that two claim petitions were filed under Motor Vehicles Act for compensation in respect of death of one Sikandar Shaikh, one claim petition being Motor Accident Claim Petition No. 144/98 by respondent Nos 1,2 and 3 in the Dist. Court at Gandhinagar claiming compensation of Rs. 4 Lacs. In the said application the respondent No. 1 claimed the compensation as the wife of the deceased and respondent Nos 2 and 3 claimed compensation as son and daughter of the deceased. In the said claim petition on 20. 9. 98, a compromise was arrived at in Lok Adalat whereby it was agreed to pay Rs. 1,70,000/- to the claimants therein who are respondent Nos 1,2 and 3 herein. There is no dispute on the point that on the basis of compromise arrived at between the parties in Lok Adalat in the proceedings of Claim Petition No. 144/98 an award was passed. Thereafter, it appears that the amount of compensation, as per award, dated 27. 9. 98 passed by the tribunal is already deposited. As per the direction No. 3 of the award, Rs. 40,000/- of the amount of compensation is ordered to be disbursed to respondent Nos. 1 and 2 whereas the balance amount is deposited in the FD with nationalised bank for six years. It is the case of the respondent Nos 1,2 and 3 herein that they are entitled to withdraw the amount of the said FD receipt. ( 3 ) IT appears that for the death of very person i. e. Sikandar Shaikh, the respondent No. 4 herein also preferred MACP No. 860/99 in the District Court at Ahmedabad for compensation of Rs. 2 Lacs as the wife of the deceased. In the MACP No. 860/99 also compromise was arrived at before the Lok Adalat and it was agreed to pay the compensation of Rs. 1,25,000/ -. As per the petitioner thereafter on the basis of said settlement before Lok Adalat, the award has been passed on 2. 10. 2000 and it is the case of the petitioner that the amount of Rs. 1,25,000/as ordered by the tribunal in its award, dated 2. 10. 1,25,000/ -. As per the petitioner thereafter on the basis of said settlement before Lok Adalat, the award has been passed on 2. 10. 2000 and it is the case of the petitioner that the amount of Rs. 1,25,000/as ordered by the tribunal in its award, dated 2. 10. 00 in MACP No. 860/99 is also deposited before the tribunal at Ahmedabad. However, the said amount which is deposited by the petitioner-Insurance Co in MACP No. 860/99 was yet to be withdrawn and at that stage the petitioner Insurance Co. has approached this court by preferring the petition. ( 4 ) HEARD Mr. Nanavaty for the petitioner, Mr. Parikh for respondent Nos 1,2 and 3 and Ms. Pushapdatta Vyas for respondent No. 4 and respondent Nos 5 and 6 though served chosen not to appear. ( 5 ) UPON hearing the learned advocates for the parties, it appears that on factual aspect there is no dispute that the deceased Sikandar Shaikh has expired in the accident. There is also no dispute that for the death of one person two claim petitions were preferred separately by respondent Nos 1,2 and 3 before the tribunal at Gandhinagar and by respondent No. 4 before the tribunal at Ahmedabad. There is also no dispute on the point that the matter was compromised before Lok Adalat and the amount is deposited. However, it appears that the respondent Nos 1,2 and 3 claimed the amount of compensation as wife, son and daughter of the deceased respectively whereas the respondent No. 4 also claimed the compensation as wife of the deceased. ( 6 ) SINCE the filing of earlier claim petition being MACP No. 144/98 was not disclosed in the subsequent claim petition being MACP No. 860/99 the tribunal had no occasion to consider the said aspects and as the matter was settled in Lok Adalat the award has been passed on the settlement arrived at in MACP No. 860/99. It appears that as the matter was settled in Lok Adalat the maximum amount of compensation for the death of the deceased can at the most be said as Rs. 1,70,000/ -. It appears that as the matter was settled in Lok Adalat the maximum amount of compensation for the death of the deceased can at the most be said as Rs. 1,70,000/ -. However, as there is dispute amongst the legal representatives of the deceased, it will be required for the tribunal to consider the claim of respective parties and then to finalise the issue, but, in any case, on account of death of one person, i. e. Sikandar Shaikh payment of compensation twice is not permissible. Therefore the award passed by the tribunal in MACP No. 860/99 based on the settlement arrived at Lok Adalat deserves to be quashed. However, as in the proceedings of MACP No. 144/98 the respondent No. 4 was not party to the proceedings the respondent No. 4 herein will be allowed to be impleaded as party to the proceedings of MACP No. 144/98 and thereafter respective parties may establish their rights as legal representatives of the deceased Sikandar Shaikh. Until the rights are established in respect of the amount of compensation awarded by the tribunal in MACP No. 144/98 it is just and proper to stay the further disbursement of the amount including interest on the FD receipt which has been invested in the nationalised bank as per the award passed by the tribunal in MACP No. 144/98. ( 7 ) IN view of the aforesaid the award passed by the tribunal in MACP No. 144/98, dated 27. 9. 90 is stand quashed on the aspects of distribution and disbursement of amount of compensation amongst the claimants. The matter shall stand restored to the tribunal. The tribunal shall allow the respondent No. 4 to be impleaded as applicant No. 4/respondent and thereafter shall examine the rights of the respective claimant including respondent No. 4 herein for their entitlement to get the compensation on account of death of deceased Sikandar Shaikh and shall pass final award preferably within a period of four months from the date of receipt of writ of this court. It is made clear that as a consequence of final award which may be passed by the tribunal, it would be open to the tribunal to pass necessary orders for adjustment of amounts, if already paid to the respective claimants and also for refund, if such question arises and accordingly order for disbursement shall be passed. It is made clear that as a consequence of final award which may be passed by the tribunal, it would be open to the tribunal to pass necessary orders for adjustment of amounts, if already paid to the respective claimants and also for refund, if such question arises and accordingly order for disbursement shall be passed. ( 8 ) IN view of the aforesaid direction, award passed by the tribunal in MACP No. 860/99 shall stand quashed and the amount so deposited by the Insurance Co in the said proceedings shall be refunded to the Insurance Co. However, it is made clear that the rights of the parties in MACP NO. 860/99 shall stand governed by the final award which may be passed by the tribunal as indicated earlier in MACP No. 144/98. ( 9 ) THE petition stands allowed to the aforesaid extent. Rule is made absolute accordingly to the aforesaid extent. Considering the facts and circumstances, there shall be no order as to costs. Office shall send writ to both the tribunals forthwith. .