Harun-Ul-Rashid, J.

Right of succession of illegitimate children born to Christian parents is the bone of contention cropped up for consideration in this case. While considering this, the following issues arise for consideration.

(i) Whether the requirement of a central legislation recognizing the right of illegitimate children of all classes irrespective of their religion to inherit the property of their parents is the need of the hour?

(ii) Whether illegitimate children born to Christian father and mother are entitled to inherit the property of their father under the Indian Succession Act?

(iii) Whether children born to parents living as husband and wife during the subsistence of the fathers first marriage are legitimate or illegitimate in the eye of law.

.2. Theappeal is directed against the award passed by the Motor Accidents Claims Tribunal, Pala in O.P.(MV) Nos.1073 of 1995 and 1270 of 1995. The case of the appellants in brief is as follows:

.The deceased Dr.Antony was a 36 year old doctor who died in a motor accident on 5.1993 while studying for M.S Course in the Medical College, Kottayam. The motor bike in which the deceased was travelling as pillion rider along with his relative was knocked down by a tempo van driven by the 1st respondent. The deceased sustained injuries and was admitted in the Medical College Hospital, Kottayam where he later died. The first appellant, who is also a Doctor by profession is the widow of the deceased, appellants 2 and 3 are her children born to the deceased and appellants 4 and 5 are the parents of the deceased. In the claim petition filed by the appellants before the Tribunal, respondents 4 and 5 who are the children of the deceased and one Mrs. Mary Antony got impleaded as additional respondents. Even though RW1 (Mrs. Mary Antony) claimed to be married to the deceased and respondents 4 and 5 are the children born in that wedlock, the Tribunal held that since the first marriage was subsisting there could not be another valid marriage by deceased with RW1. However, respondents 4 and 5, the children born to the deceased through RW1, were granted compensation along with the appellants herein. Out of the total compensation awarded, Rs.50,000/-each was given to the parents of the deceased who are appellants 4 and 5 herein and the balance was apportioned among appellants 1 to 3 and respondents 4 and 5 herein equally. It is against this award, appeal is filed for enhancement of compensation and also for canceling the award passed in favour of respondents 4 and 5.

.3. Wehave heard counsel appearing for the parties and have gone through the award. According to

.respondents 4 and 5, Dr. O.I. Antony married their mother as per an agreement dated 21.1990 and they were born in that wedlock. The 4th respondent was born on 11.1990 and the 5th respondent was born on 19.1993 after the death of Dr.Antony. To discharge the burden of proving that respondents 4 and 5 are the children of the deceased Antony, RWs.1 to 3 were examined. RW.1 testified that on 28.5.1989 there was an advertisement in the matrimonial column of the Indian Express inviting proposals from suitable bride for the deceased to which her mother responded. Ext.B2 is the Indian Express Newspaper and Ext.B2(a) is the relevant publication. According to RW.1, she was a Lieutnant working in the Nursing Department of the Military during the relevant period and during January, 1990, she met the deceased Antony at Kottayam and they decided to marry and consequently registered a document at the Sub Registry Office, Thrissur on 21.1990. Ext.B8 is the said marriage document. In Ext.B8, it is stipulated that they have decided to live together as husband and wife by virtue of the said agreement and that the marriage will be solemnised as per the religious formalities and customs. It is also testified by RW.1 that herself and deceased Antony lived as husband and wife at her residence at Pala for about 1 = months. She deposed that she became