ICICI Lombard Vs. Usha Devi and others. CMP No. 3561 of 2025 in FAO No. 290 of 2014 13.3.2025 Present: Mr.Jagdish Thakur, Advocate, for the non- applicant/appellant. Mr.Dinesh Bhanot, Advocate, for the applicants/respondents. CMP No. 3561 of 2025 This application has been filed for apportionment of compensation amount falling in shares of deceased respondent No.4 Preeto Devi and respondent No. 5 Lakshman Dass which was awarded to them on account of death of their son Shalender Kumar. Applicants respondents No. 1 to 3 are wife and children of deceased Shalender Kumar and deceased respondents No. 4 and 5 were parents of Shalender Kumar whereas applicants-respondents No. 4(a) to 4(c) {who are also 5(a) to 5(c)} are brother and sisters of deceased Shalender Kumar. It is apt to record that on account of accidental death of Shalender Kumar, claim petition was preferred by his wife, children and parents. As per para 22 of the award dated 23.5.2014 passed by Motor Accident Claims Tribunal-1, Sirmaur District at Nahan in MAC Petition No. 79-MAC/2 of 2011, 5,00,000/- ₹ each was awarded in favour of Preeto Devi and Lakshman Dass. Ashok Kumar, Sunita Devi and Rajni Devi {applicants-respondents No. 4(a) to 4(c)/5(a) to 5(c)} had never claimed compensation on account of death of Shalender Kumar. It was the family and parents of Shalender Kumar who claimed compensation on account of death of Shalender Kumar. It is also not case of the applicants/respondents that Ashok Kumar, Sunita Devi and Rajni Devi were dependent, in any manner, on deceased Shalender Kumar or their parents Preeto Devi and Lakshman Dass. Rather Preeto Devi and Lakshman Dass had claimed dependency upon deceased Shalender Kumar. Meaning thereby that parents were being not looked after by Ashok Kumar, Sunita Devi but by deceased Shalender Kumar. It is also a fact that applicants/respondents No. 1 to 3 who are wife and children of deceased Shalender Kumar are also legal heirs of Preeto and Lakshman being wife and children of their pre-deceased son. In view of above facts and circumstances, I am of the considered opinion that no amount out of the compensation amount falling in shares of deceased Preeto Devi and Lakshman Dass is to be released/apportioned to applicants No. 4(a) to 4(c)/{5(a) to 5(c)} and entire amount falling in shares of respondents No. 4 and 5 is to be reverted and released in favour of applicants/respondents No. 1 to 3, Usha Devi, Sandeep Kumar and Vijay Kumar (wife and sons) of deceased Shalender Kumar in the ratio of 50:25:25 Usha Devi::Sandeep Kumar:Vijay Kumar alongwith up to date interest, which is nearer to the apportionment of compensation by MACT, by remitting the same in their bank accounts. Ordered accordingly. The application stands disposed of. (Vivek Singh Thakur), Judge. 13th March, 2025 (Keshav)