FAO No.937 of 2011 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.937 of 2011 (O&M) Date of Decision : 07.12.2011 Smt. Appi Devi @ Happy Devi .......Appellant Versus Sh. Raj Kishore Pal and others .......Respondents CORAM:- HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Chand Ram Olla, Advocate, for the appellant. Ms. Vandana Malhotra, Advocate, for respondent No.3. **** JITENDRA CHAUHAN, J. (ORAL) CM Nos.2551-52-CII of 2011 Heard. For the reasons mentioned in the CM applications, the same is allowed and the delay in filing and refiling the appeal is condoned. Main case This is claimant’s appeal for enhancement of the amount of compensation awarded by the learned Motor Accident Claims Tribunal, Hisar, vide impugned Award dated 01.04.2010. 1 FAO No.937 of 2011 Brief facts of the case in hand are that on 24.02.2007 at about 11.00 a.m., Suraj Bhan along with her daughter-Rama Devi, aged 10 years, was going to the fields to bring Jawar. When Rama Devi was crossing Gaibipur-Barwala road, a Maruti car bearing No.DL-3-CAD-5727, being driven by respondent No.1, in a rash and negligent manner at a high speed, came from Barwala side and struck against Rama Devi. Due to the accident, Rama Devi sustained injuries on her head and right foot. She was removed to the Janta Hospital, where she succumbed to her injuries on 27.02.2007. FIR No.68 dated 27.02.2007 was recorded against the driver, respondent No.1. In this background, claimants, Suraj Bhan and Smt. Appi Devi @ Happy Devi, the parents of the deceased, preferred claim petition No.50 MACT dated 22.03.2007/22.04.2009, seeking compensation on account of the death of their daughter, Rama Devi. The learned Tribunal, while passing the Award, observed that on the claimant-appellant herein, Appi Devi, the mother of the deceased, was entitled to get the compensation and accordingly an amount of `2,25,000/- was granted. Enhancement thereof has been sought by way of the present appeal. I have heard the learned counsel for the parties and perused the record. As per the claim petition, the injured-deceased remained hospitalized for three days. Though there is no medical evidence on record, yet the factum of admission of the deceased in the hospital has not been denied by the respondents in the written statements filed before the learned Tribunal. 2 FAO No.937 of 2011 In view of the same, it can safely be presumed that the appellant must have incurred certain expenditure on the treatment of the injured deceased. The victim must have also been removed to the hospital after hiring some vehicle. In the totality of the circumstances, an amount of `20,000/- is granted under the heads, ‘medical expenses and transportation’. The enhanced amount of `20,000/- shall be paid to the claimant-appellant within 45 days from the date of receipt of a certified copy of this judgment, failing which, she shall also be entitled to the interest @ 7.5% p.a. from the date of filing the present appeal, till its realization. The respondent-Insurance Company shall at the first instance, pay the enhanced amount of `20,000/- and it shall have the liberty to recover the same from respondent Nos.1 and 2, the driver and the owner, in terms of the impugned Award. The Award is modified to the extent indicated above and the appeal is partly allowed. ( JITENDRA CHAUHAN ) 07.12.2011 JUDGE atulsethi Note: Whether to be referred to reporter ? Yes/No 3