FAO No.2693 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.2693 of 2011 (O&M). (in MACT No.42 of 2009) Date of decision: 7.11.2011 Smt.Vidya Devi and others ....Appellants Versus Roshan Lal and others ...Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Balraj Gujjar, Advocate for the appellants Mr.RA Sheoran, Advocate for respondent Nos.1 and 2. Mr.Vishal Chaudhary, Advocate for respondent No.3. ***** Jitendra Chauhan, J.(Oral) The present appeal has been filed by the appellants seeking enhancement of the compensation amount awarded by the learned Motor Accident Claims Tribunal, Bhiwani,vide award dated 9.10.2010. Brief facts of the case are that on 26.1.2009, Ashok (since deceased) alongwith Manoj was going to Rohtak from their village Malposh on their respective camel carts loaded with fodder. One truck bearing registration No. HR-39B 7888 being driven by respondent No.1 in a rash and negligent manner coming from the back side, struck against these camel carts. As a result, Ashok died on the spot and Manoj fell down in the nearby pit. Both the camel carts were got damaged and camels also demised. In this FAO No.2693 of 2011 (O&M) 2 regard FIR No.27 dated 27.1.2009, under Sections 279/427/429/304-A of IPC was registered at Police Station Kalanaur, Rohtak against the driver- respondent No.1. Separate claim petitions were filed. The present appeal has been filed against the award passed in claim petition No.42 of 2009, in which an amount of ` 18000/- was awarded by the learned Tribunal on account of demise of camel. Learned counsel for the appellants contends that the learned Tribunal has awarded a meager amount of ` 18000/- on account of death of camel. He further contends that the camel cart was got damaged and the fodder loaded in the cart caught fire. He further contends that the appellants have suffered a heavy loss in the accident as they have lost their only earning source i.e. camel cart. On the other hand, learned counsel for the respondents contends that the learned Tribunal has rightly awarded the compensation amount and there is no scope of any enhancement. I have heard learned counsel for the parties and perused the record carefully. From the perusal of the record, it is clearly established that the accident took place due to the negligence of the driver of the offending truck. In the said accident, Ashok died on the spot and the camel-carts were got damaged and camels were demised. The fodder loaded in these camel- carts was burnt as the same caught fire. The camel-cart was the only source of income of the family of the deceased Ashok. The learned Tribunal awarded an amount of ` 18000/- to the appellants for the demise of camel, which is inadequate. In FAO No.1863 of 2011 titled as 'Manoj vs. Roshan FAO No.2693 of 2011 (O&M) 3 Lal and others' this Court has enhanced the amount of compensation to `25,000/- more, on account of death of Camel in the same accident. So, no different yardstick can be adopted in this case. Therefore, a further amount of ` 25,000/- is granted to the appellants, which would meet the ends of justice. The enhanced amount i.e. ` 25,000/- shall be paid to the appellants in the manner indicated in the impugned award within 45 days from the date of receipt of the certified copy of this judgment, failing which, the same shall carry interest @ 7.5 % per annum from the date of filing of the appeal, till its realisation. In view of above, the present appeal is partly allowed with the modification indicated above. 7.11.2011 (JITENDRA CHAUHAN) gsv JUDGE