The main legal point established in the judgment is the application of principles for assessment of compensation in case of death, including the denial of compensation to certain claimants and the apportionment of compensation based on legal precedents.

JUDGMENT :

ASHUTOSH SRIVASTAVA, J.

1. Heard Shri Dev Dutt Arora (appellant No. 2) In-person for the appellants and Shri S.D. Ojha, learned counsel for the claimant-respondent Nos. 1 to 3. No one appeared for respondent Nos. 4 & 5 despite service.

2. This First Appeal From Order dated 17.8.2013, at the instance of the unmarried sister and father of the deceased, has been filed seeking to modify the judgment/award of the Motor Accident Claims Tribunal, Saharanpur rendered in MACP No. 149 of 2011 (Smt. Monika Arora and others versus Vishnu Kumar Meena and others) by making re-apportionment of the share of the awarded compensation of Rs. 52,80,328/- and grant appropriate share to appellant No. 1 (unmarried sister of the deceased) and to enhance the share of the appellant No. 2 from 10% of the award to 20% by making adjustment from the 60% share of claimant respondent No. 1-Smt. Monika Arora (widow of the deceased).

3. The appellant No. 2, In-person, submits that his only son Vikalp Arora died in a road accident which took place on 22.4.2011 at 3:30 PM near Chachura Nahar Thana Kakor District Gautam Budh Nagar on the Bulandshahr Noida Road. Vikalp was traveling in a Alto Car bearing registration No. UP-21-T-7739 along with his friends Ankit and Surjeet when a Truck bearing registration No. RJ-11-GA-2075 overturned over the Alto car crushing the occupant Vikalp Arora resulting in his death on the spot. Vikalp Arora was 33 years of age and employed as a Territory Sales Officer with Hindustan Unilever Ltd. and earning approx Rs. 70,000/- per month. He was survived by his wife Monika Arora, a minor daughter Ananya Arora and minor son Luv Arora besides the appellants herein. A claim petition under Section 166 of the Motor Vehicles Act, being Claim Petition No. 149 of 2011 was filed before the MACT, Saharanpur by the claimant-respondent Nos. 1 to 3 along with the appellants herein claiming a compensation of Rs. 1,57,10,000/- besides Rs. 50,000/- immediately under Section 140 of the Motor Vehicles Act and 12% interest per annum from the date of accident upto the date of actual payment under Section 171 of the Act. The claims Tribunal under the impugned award dated 17.8.2013 awarded a sum of Rs. 52,80,328/- as compensation with 6% simple interest from the date of institution of the claim petition. The claims Tribunal did not award any compensation to the appellant No. 1 herein (unmarried sister) on the ground that she could not be treated to be dependent upon the deceased brother during the life time of the father (appellant No. 2 herein). The Tribunal, however, apportioned 10% of the amount awarded as compensation in favour of the appellant No. 2 (father of deceased). 60% of the award was apportioned in favour of the wife of the deceased (claimant respondent No. 1 herein) while the dependent minor children of the deceased (claimant respondent Nos. 2 & 3 herein) were apportioned 15% each of the compensation awarded.

4. The wife of the deceased i.e. Monika Arora along with her two minor children i.e. the claimant-respondent Nos. 1 to 3 herein assailed the award dated 17.8.2013 passed by the Motor Accident Claims Tribunal, Saharanpur before this Court by means of FAFO (D) No. 290 of 2014. The appeal filed by the wife and minor children of the deceased (i.e. the claimant-respondent Nos. 1 to 3 herein) came to be decided in terms of a settlement arrived at before the National Lok Adalat held before this Court vide order dated 3.10.2021 wherein the Insurance Company (ICICI Lombard General Insurance Co. Ltd.) and the claimants amicably settled the appeal for a full and final consideration of Rs. 26,25,000/- over and above the amount that had already been received by the claimants (if any). The settlement also contained a stipulation that nothing beyond the above amount settled would be payable to the claimants by the Insurance Company (ICICI Lomb