FAO No.4180 of 2010 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.4180 of 2010 (in MACT No.30 of 2008) Date of Decision : 15.12.2011 Babita and others .......Appellants Versus Mohinder Singh and others .......Respondents CORAM:- HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Ashish Gupta, Advocate, for Mr. Vikram Singh, Advocate, for the appellants. Mr. Vivek Singal, Advocate, for respondent-National Insurance Co. Ltd. Mr. Arun Kumar Singal, Advocate, for respondent No.4. **** JITENDRA CHAUHAN, J. (ORAL) The claimant-appellants have approached this Court seeking enhancement of the compensation granted by the learned Motor Accident Claims Tribunal, Panipat, vide the impugned Award dated 23.01.2010. Brief facts of the case in hand are that on 29.01.2008 at 8.30 a.m., Daya Chand, since deceased, along with other passengers was going to Gohana, in a Jeep bearing No.HR-60C-0279. When they reached near Mehrana Petrol Pump on Gohana Road, a truck bearing 1 FAO No.4180 of 2010 No.HR-61-8619, being driven by the driver Mohinder Singh, respondent No.1, in a rash and negligent manner, came from the Gohana side and struck against the said Jeep. Due to the accident, five persons including the deceased, Daya Chand, died on the spot, whereas 10 other persons received multiple injuries whereas. FIR No.37 dated 29.1.2008 under Sections 279, 304-A and 427 IPC was registered at Police Station Model Town, Panipat. In this background, fifteen separate claim petitions were preferred before the learned Tribunal, which were disposed of by a consolidated Award dated 23.01.2010. The appellants herein being widow and three minor daughters, preferred claim petition No.30 of 2008 and were awarded compensation to the tune of `7,40,000/-. Enhancement thereof has been sought by way of the present appeal. I have heard the learned counsel for the parties and perused the record. It has been averred on behalf of the appellants that the accident in question took place near the Mehrana Chowk. The deceased was removed to the Hospital, where he was declared brought dead. The dead body was again taken to the native village of the deceased. In this manner, they incurred expenses of more than `15,000/-. Although, there is no proof of the actual expenses incurred by the appellants for transportation but the fact that the accident took place and the deceased was removed to the hospital from the spot is not disputed. Thereafter, the dead body would have been taken to his native village for cremation and in this way, the 2 FAO No.4180 of 2010 claimants must have incurred substantial amount for transportation. Under these circumstances, an amount of `10,000/- is granted under the head ‘transportation’. A further perusal of the impugned Award shows that an amount of `5,000/- each has been awarded on account of ‘loss of consortium’ and ‘funeral expenses’. This Court feels that the ends of justice would be met in case another amount of `10,000/- is awarded under the ‘other conventional heads’. The amount of compensation awarded under all the other heads is just and appropriate. In view of the above, the claimant-appellants are held entitled to an amount of `20,000/- as enhanced compensation, which shall be payable to them within a period of 30 days from the date of receipt of a certified copy of this judgment, failing which, they shall also be entitled to the interest @ 9.5% p.a. from the date of filing the present appeal, till its realization. The enhanced amount will be disbursed by the learned Tribunal in the earlier manner. The present appeal is partly allowed and the Award of the learned Tribunal is modified to the extent indicated above. ( JITENDRA CHAUHAN ) 15.12.2011 JUDGE atulsethi Note: Whether to be referred to reporter ? Yes/No 3