FAO No.5697 of 2010 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.5697 of 2010 (in MACT No.123 of 2007) Date of Decision : 21.11.2011 Ritu Jain @ Renu Jain .......Appellant Versus Sanjay Kumar @ Puran and others .......Respondents CORAM:- HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Raj Kumar Gupta, Advocate, for the appellant. Mr. Tajender K. Joshi, Advocate, for respondent No.3. **** JITENDRA CHAUHAN, J. (ORAL) The appellant has preferred this appeal seeking enhancement in the amount of compensation granted vide Award dated 19.5.2009, passed by the learned Motor Accident Claims Tribunal, Panipat (for short, ‘the learned Tribunal’). Briefly stated, facts of the case in hand are that on 30.09.2006, Sheela Devi, since deceased, her daughter-in-law, Ritu Jain, her grandson, Rahee Jain, and grand daughter, Manu Jain, since deceased, were going from Panipat to Madlauda in a Santro Car bearing No.HR-06K-0567, which was being driven by respondent 1 FAO No.5697 of 2010 No.1, Sanjay Kumar @ Puran at a high speed. When they reached near Thermal Plant in front of DAV School, suddenly 3-4 children came in front of the car. In order to save the children, the driver turned his car towards right side and struck against a Tata-407 truck bearing No.HR-39-0180, coming from the Madlauda side. As a result, Manu Jain succumbed to the injuries at the spot, whereas the remaining passengers, including the appellant-claimant, sustained multiple and grievous injuries. The injured were removed to Ravindra Hospital, Panipat, from where, they were referred to Delhi, being in serious condition. Later on, they were admitted in Maharaja Aggarsain Hospital, Delhi, where Sheela, wife of Ram Dhari, succumbed to her injuries on 6.10.2006. Initially DDR No.18 dated 1.10.2006 was recorded in Police Station, Madlauda but subsequently, FIR No.10 dated 9.1.2007 was registered under Sections 279, 337 and 304-A, IPC, at Police Station, Madlauda, Panipat. In this background, four claim petitions were preferred which were disposed of by the learned Tribunal, vide the impugned Award. The claimant-appellant namely Ritu Jain alias Renu Jain in Claim Petition No.123 of 2007 was granted compensation of `62,000/- on account of the injuries received by her in the vehicular accident. The claimant-appellant, Ritu Jain alias Renu Jain, has preferred the present appeal seeking enhancement in the amount awarded by the learned Tribunal. I have heard the learned counsel for the parties and perused the record. 2 FAO No.5697 of 2010 From the perusal of the impugned Award, it is made out that the injured-claimant, Ritu Jain, incurred an amount of `41,240/- on account of medical expenses and the learned Tribunal has awarded an amount of `42,000/- under this head. Another amount of `20,000/- has been granted against other conventional heads viz. ‘attendants, special diets, pain and suffering etc.’. No disability certificate has been brought on record in order to substantiate the averments regarding her disability. In the facts and circumstances, I am of the considered opinion that the compensation awarded by the learned Tribunal is just and reasonable and no case for enhancement thereof is made out. Resultantly, this appeal fails and is dismissed accordingly. ( JITENDRA CHAUHAN ) 21.11.2011 JUDGE atulsethi Note: Whether to be referred to reporter ? Yes/No 3