F. A. O. No. 564 of 2009 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Case No. : F. A. O. No. 564 of 2009 (O&M) Date of Decision : May 21, 2009 Akhtar and another .... Appellants Vs. State of Haryana and others .... Respondents CORAM : HON'BLE MR. JUSTICE L. N. MITTAL * * * Present : Mr. Rajiv Sharma, Advocate for the appellants. * * * L. N. MITTAL, J. (Oral) : C. M. No. 2040-C-II of 2009 : For the reasons mentioned in the application, which is accompanied by affidavit of the counsel, delay of 04 years and 184 days in re-filing the appeal is condoned. Main Appeal : This is appeal by parents of the deceased challenging Award dated 12.05.2003 passed by learned Motor Accident Claims Tribunal, Gurgaon. Claim petition was filed by widow of the deceased Liyakat Ali, arraying the parents of the deceased (appellants herein) and also minor brothers and sisters of the deceased as proforma respondents no.4 to 10 to the claim petition. The minor brothers and sisters of the deceased were sued F. A. O. No. 564 of 2009 (O&M) 2 through their mother i.e. appellant no.2 herein as their next friend. Learned Tribunal awarded Rs.3,19,200/- as compensation. Out of it, 50% share has been given to the minor brothers and sisters of the deceased (proforma respondents no.6 to 10 in the claim petition), whereas the remaining 50% amount has been given to the widow of the deceased, who had filed the claim petition. I have heard learned counsel for the appellants and perused the case file. Learned counsel for the appellants contended that no amount has been awarded to the appellants, who are parents of the deceased. The contention, although attractive on first blush, cannot be accepted. The amount awarded to minor brothers and sisters of the deceased can be taken to have been awarded to the appellants, who are parents of the deceased. The Tribunal has awarded only 50% of the compensation amount to the widow of the deceased, which cannot be said to be excessive. Consequently, if any amount is to be awarded to the appellants, the same can be out of the share of minor sons and daughters of the appellants themselves. Learned counsel for the appellants states that the appellants do not claim any amount out of the amount awarded to minor sons and daughters of the appellants themselves. However, no amount can be awarded to the appellants out of the amount awarded to the widow of the deceased, who has been given only 50% of the compensation amount awarded by the Tribunal. In fact, proforma respondents 4 to 8 herein are minor sons and daughters of the appellants i.e. minor brothers and sisters of the deceased. Minor proforma respondents no.4 to 8 herein have been sued through appellant no.2 herself. It is thus apparent that interest of appellants and their minor sons and daughters is common. However, the amount awarded to the widow of the deceased cannot be further reduced for being paid to the appellants. F. A. O. No. 564 of 2009 (O&M) 3 In view of the aforesaid, finding no merit in the instant appeal, the same is hereby dismissed in limine. May 21, 2009 ( L. N. MITTAL ) monika JUDGE