FAO No.384 of 2009(O&M) [ 1 ] IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH ... FAO No.384 of 2009(O&M) Decided on : September 10, 2009 Narsi Ram ... Appellant VERSUS Mahabir Singh and others ... Respondents CORAM : HON'BLE MR.JUSTICE A.N.JINDAL Present: Mr.Jarnail Singh Saneta, Advocate for the appellant. Mr.Sajjan Singh, Advocate for respondent No.2. Mr.Neeraj Khanna, Advocate for respondent – Insurance Company. A.N.JINDAL, J.- Both the parties agree that neither the Tribunal took note of Section 166 of the Motor Vehicles Act, where, the legal representatives are entitled to raise claim for compensation, nor the law laid down by the Apex Court in case Mrs.Hafizun Begum vs. Md.Ikram Heque and others, 2007 AIR (SC) 2680, wherein, it has been observed that brother/s of the deceased, who could not be dependants upon him, but could file an application for compensation, has been considered. It is further agreed that the Tribunal did not decide issues No.2 and 3, as such, the impugned judgment has been rendered illegal. FAO No.384 of 2009(O&M) [ 2 ] In view of the above, the present appeal is accepted, the impugned award dated 8.9.2008 passed by Motor Accident Claims Tribunal, Kurukshetra is set aside and the matter is remitted back to the Tribunal for decision, in accordance with law. Parties are directed to appear before the Tribunal (Trial Court) on 6.10.2009. September 10, 2009 ( A.N.JINDAL ) `gian' JUDGE