In the High Court of Punjab and Haryana at Chandigarh F.A.O. No.4998 of 2008 Date of decision: October 26, 2009 Aklima Begum and another .. Appellants Vs. Noor Mohammad Ansan and others .. Respondents Coram: Hon'ble Mr. Justice A.N. Jindal Present: Mr. S.P. Chahar, Advocate for the appellants. Mr. N.K. Malhotra, Advocate for the respondents. A.N. Jindal, J This appeal is directed against the order dated 8.10.2008 passed by the Motor Accident Claims Tribunal, Panipat (herein referred as 'the Tribunal') awarding compensation @ Rs.5,25,400/- as compensation on account of the death of Shamim to the appellants-claimants No.1 and 2 (herein referred as 'the claimants') as well as to Ataur Rehman (father) and Nazma (mother of the deceased Shamim) in equal shares. Learned counsel for the appellants has challenged this award on two grounds, firstly the Tribunal has failed to make correct apportionment regarding the share of the father, who being not a legal heir is not dependent upon his son and secondly, the compensation was awarded on the lower side. Having examined the first point, it may be observed that father does not fall in the category of legal heirs of a married Mohammedan lady. Even otherwise, father being an earning hand could not be termed as dependent and sufferer on account of the death of married daughter. He even did not file the claim petition but he was added as performa respondent by the claimants. As such, the terms of the award could be modified to that extent. As regards quantum of compensation, it appears that the Tribunal has taken note of all the aspects of the case and has exercised its F.A.O. No.4998 of 2008 -2- *** judicial discretion after examining entire evidence in the right perspective. In result, I partly allow this appeal, set aside the impugned order and direct that the claimants as well as Nazma-respondent No.5 would be entitled to compensation to the tune of 1/3rd each out of the sum of Rs.5,25,400/-. However, a sum of Rs.5000/- would go alone to the claimant No.1 being loss of consortium. October 26, 2009 (A.N. Jindal) deepak Judge