FAO No.740 of 2010 -1- In the High Court of Punjab & Haryana at Chandigarh FAO No. 740 of 2010 (O&M) Date of decision : 3.5.2010 Chiranji Lal and another ... Appellant vs Rampal and others .... Respondents Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mrs. Pratibha Yadav, Advocate, for the appellants. Rajesh Bindal J. This appeal has been filed by the parents of deceased Bane Singh @ Soni seeking enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Rewari (hereinafter to be referred as “the Tribunal”). Briefly the facts as mentioned in the award of the learned Tribunal are that on 26/27/9/2006 at about 12/12.30 AM, Bane Singh @ Soni and Rajender were returning to their home on one cycle after seeing Ramlila in Bawal. Dhanraj and Subhash were also accompanying them on another cycle. When they reached near Khera Murar Water Supply, a tanker bearing registration no. HR-47-A/2206, driven by respondent no. 1 at a high speed came from Bawal side and struck against the cycle of Bane Singh and Rajender. As a result of this, they fell down and sustained fatal injuries on their head and other parts of the body. They were taken to Civil Hospital, Bawal in unconscious condition in a private vehicle. Bane Singh @ Soni died there whereas Rajender was referred to Civil Hospital, Rewari, but he too died on the way. A criminal case was registered against the driver of the offending vehicle. Petitions filed by the claimants were allowed by the learned Tribunal. Still dissatisfied with the award of the learned Tribunal, the parents of deceased Bane Singh @ Soni have approached this court for further enhancement of compensation. Learned counsel for the appellants while assailing the findings of the learned Tribunal submitted that the amount of compensation awarded by the Tribunal is on lower side. Further the compensation of Rs. 4,500/- granted by the learned Tribunal on account of funeral expenses and loss to FAO No.740 of 2010 -2- the estate is not proper. It was submitted that they have lost their young aged about 19 years. He was the sole bread earner. It was prayed that the same be enhanced to Rs. 10,000/- under each head. Heard learned counsel for the petitioner and perused the paper- book. No doubt, the appellants have lost their young son and have suffered great misery and are also deprived of love and affection of the deceased which cannot be compensated in terms of money. Still this court is bound by various principles laid down for determination of compensation in motor accident claims. Even if the judgment of Hon'ble the Supreme Court in Sarla Verma (Smt.) and others vs Delhi Transport Corporation and another 2009 (6) SCC 121 is considered, the amount of compensation assessed by the learned Tribunal cannot be said on lower side though the principle applied by it is not directly in terms thereof. However, keeping in view that the compensation awarded by the learned Tribunal on account of funeral expenses and loss of estate is not sufficient, the appellants are granted Rs. 5,000/- more on account of funeral expenses and loss to the estate. The award of the Tribunal is modified to that extent. The appeal is disposed of in the above terms. 3.5.2010 ( Rajesh Bindal) vs. Judge