IN THE HIGH COURT OF PUNJAB & HARYANA HIGH COURT AT CHANDIGARH FAO No.2041 of 2011 (O & M) Date of Decision: 06.09.2011 Kasak Garg & another ....Appellants Versus Vicky Kalra & others ....Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Ashok Bhardwaj, Advocate, for the appellants, Mr.Vinod Gupta, Advocate, for the respondent No.3. ***** JITENDRA CHAUHAN J. (ORAL) CM No.6275-CII of 2011 CM allowed. Delay of 87 days in filing the appeal is hereby condoned. CM stands disposed of. FAO No.2041 of 2011 Heard. Respondent No.4 had already contracted second marriage. On 24.08.2011, respondent No.4, Smt.Usha Rani, wife of the deceased, appeared in person and made a statement that she is not interested in receiving the compensation and wants her share to surrender for the welfare of her minor daughter, Kasak Garg, appellant No.2. Accordingly, the amount awarded to respondent No.4 be given to appellant No.1, i.e, Kasak Garg in the form of fixed deposit receipt in some nationalized Bank fetching higher rate of interest, which shall be given to the minor child at the date of majority. Counsel for Respondent No.3 submits that the averments made before the Tribunal regarding the factum of employment is actually incorrect as in fact, the deceased was not in employment with the owner of the truck rather the truck itself was owned by his father and the appeal has been filed on factually incorrect assertions. Learned counsel for the appellant does not press with regard to prayer for enhancement or modification of the award granted by the Tribunal. Appeal is dismissed. 06.09.2011 (JITENDRA CHAUHAN) tarunsahni JUDGE