Arun Kumar Goel, J.—This appeal has arisen out of award of Motor Accident Claims Tribunal Shimla in MAC No. 6-S/2/1 89/88 dated 20-9-1990 whereby compensation of Rs. 25,000 has been awarded in favour of the appellants in equal shares. Appellant 2 was proforma respondent before the Tribunal and Appellant 1 was the claimant,

2. Claim petition was filed by Appellant 1 claiming compensation under the provisions of Motor Vehicles Act, 1939 in respect of the death of Smt. Harvinder Dhawan her daughter-in-law, who was married to her only son Shri S K Dhawan. Sh S K Dhawan s/o Appellant 1 and father of appellant 2 was earlier married to one Smt Yogesh Kaur and from this wed-lock was appellant 2 (Ms.. Neeti Dhawan), It appears that after the child was born, late Sh. S. K Dhawan and Smt Yogesh Kaur parted company and their marriage stood dissolved by a decree of divorce Thereafter, Sh. S.K. Dhawan married Smt Harvinder Dhawao and Smt. Yogesh Kaur married Mr. Rajesh Kumar who was then Deputy Inspector General of Police, However, Mr. Rajesh Kumar died sometime later. Appellant 2 had throughout been under the care and custody of her mother Smt. Yogesh Kaur Facts further reveal that Shri