P. N. BHAGWATI, J. B. MEHTA, J.

( 1 ) THE short question that arises in this appeal is whether the Claims Commissioner under the Railways Act 1890 has power to apportion compensation in respect of loss occasioned by the death of a passenger amongst the dependents of the deceased when the application for compensation is made only by one of the dependents. The deceased Ebrahim Abdul Karim was serving as a Sepoy in Military Brass Band and whilst he was travelling by 35 Up Kirti Express on 21st May 1958 he met with his death as a result of derailment which occurred at a place called Chamaraj. Bai Zubeda who was the widow of the deceased thereupon made an application to the Claims Commissioner appointed under section 82-B of the Railways Act for compensation for loss occasioned by the death of the deceased. The amount of compensation which she claimed from the railway administration was Rs. 30 0 and in support of the said claim she set out in the application that the deceased was in good health and was only thirty years old and was earning a salary of Rs. 140/per month. She also mentioned in the application that the deceased had left surviving him besides herself two minor daughters and one minor son as also aged parents and the deceased was maintaining them. The claim for compensation made by her in the application was inquired into by the Claims Commissioner and the Claims Commissioner came to the conclusion that the railway administration was liable to pay a sum of Rs. 5 200 as and by way of compensation for loss occasioned by the death of the deceased. The Claims Commissioner however instead of directing the railway administration to pay the sum of Rs. 5 200 to her proceeded to consider the question of apportionment of the said amount amongst the dependents of the deceased. The Claims Commissioner came to the conclusion that besides the widow the two minor daughters and one minor son the two aged parents of the deceased were also dependents of the deceased and he accordingly by an order dated 19th November 1958 apportioned the sum of Rs. 5 200 which he held to be the amount of compensation payable by the railway administration amongst the widow two minor daughters one minor son and two aged parents in the following manner :-- (1) The widow Rs. 851-00 (2) The two minor daughters and one Rs. 883-00 each minor son (3) The two aged parents Rs. 850-00 each and directed the railway administration to make payment of the amount of compensation accordingly. The widow the two minor daughters and the minor son thereupon preferred an appeal in this Court. In the appeal the two aged parents of the deceased were made respondents Nos. 1 and 2 and the Union of India was joined as respondent No. 3. The appeal was directed only against the apportionment of the amount of compensation amongst the dependents of the deceased. During the pendency of the appeal the widow died and since the two minor daughters and the minor son were the only heirs and legal representatives of the widow they continued the appeal as appellants. The aged father of the deceased who was respondent No. 1 also died pending the appeal and his heirs and legal representatives were therefore brought on record in his place and stead.

( 2 ) THE appeal as pointed out above was directed only against the apportionment of the amount of compensation amongst the dependents of the deceased and the only contest therefore was between the appellants on the one hand and respondents Nos. 1 (1) to 1 (6) and 2 on the other. It was contended on behalf of the appellants that the application for compensation having been made by the widow who was admittedly a dependent of the deceased and no application for compensation having been made by any other dependents of the deceased the Claims Commissioner had no jurisdiction to apportion the amount of compensation amongst the dependents of the deceased and that the order of the Claims Commissioner in so far as it apportioned the amount of compensation amon

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