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2005 DIGILAW 460 (RAJ)

Fateh Lal v. M. A. C. T. Udaipur

2005-02-11

DINESH MAHESHWARI, RAJESH BALIA

body2005
Judgment 1. In the facts and circumstances of the case, the preparation of paper book is dispensed with. 2. The petitioner has challenged the distribution of the amount of compensation between the widow, children and parents jointly. The compensation was determined by Lok Adalat by compromise. Out of total amount of Rs. 3,60,000/-, including the amount paid earlier in terms of Section 140 of the Motor Vehicle Act, which comes to Rs. 3,10,000/-has been disbursed in the manner that Rs. 1,40,000/-were allotted to widow, Rs. 60,000/-each were allotted to the minor children and Rs. 50,000/-were allotted jointly to the parents. We may notice that father of the deceased does not come under Clause (i) as heirs and we may not consider his case in the presence of the other heirs. 3. Be that as it may, the petition under Article 226 and 227 cannot be used as substitute of appeal. 4. The contention of the learned Counsel for the petitioner is that since the award was made, wife had remarried about which there is no material on the present record and the children are staying with the grand parents and, therefore, the amount allotted to the children be given to the parents. 5. We are of the opinion that this is a matter concerning the exercise of control over the money which belongs to the children. Even as per the award and that is not a matter which arises out of the proceedings of the Motor Vehicles Act for which the petition can be maintained the dispute really relates to exercise of right in the matter of children for which the petitioner, if so desires, may pursue his remedy, in case of mother of the children has remarried and children are in custody of grand parents. 6. The petition fails and is hereby dismissed.