JUDGMENT

Dr. ARIJIT PASAYAT, J.—

1.Leave granted.

2.An interesting question has been raised in this appeal about the acceptability of claim for grant of compensation when the relatives are legal heirs but are not dependants of the deceased, before the Motor Accident Claims Tribunal, Darrang, Mangaldoi (in short “Tribunal”).

3.Appellant claimed to be the wife of one Md. Nurul Hoque. She assailed the validity of the order dated 30.5.2005 in Petition No.382/2005 filed by the brothers of aforesaid Md. Nurul Hoque (hereinafter referred to as the ‘deceased’) in MAC Case No.139/2001 filed under the Motor Vehicles Act, 1988 (in short the ‘Act’).

4.Learned counsel for the appellant submitted that the brothers of the deceased did not depend on him and they had no right to file a petition which was allowed. The High Court found that the widow of a Muslim who has no issue will get one fourth share in the property of the deceased-husband and remaining part will go to the brothers. Question was about the right of the brothers who were not dependants on the deceased to get their share in the compensation awarded. Accordingly, the appeal was dismissed.

5.Learned counsel for the appellant submitted t