FAO No.802 of 2010 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.802 of 2010 (in MACT No.64 of 2004) Date of Decision : 23.11.2011 Sudesh and others .......Appellants Versus Mohan @ Thekedar and others .......Respondents CORAM:- HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. J.S. Saneta, Advocate, for the appellants. Ms. Puneeta Sethi, Advocate, for respondent No.3-Insurance Company. **** JITENDRA CHAUHAN, J. (ORAL) Heard. No reply to the application for condonation of delay has been filed. Accordingly, in view of the reasons mentioned in the CM application, the delay of 883 days in filing this appeal is condoned. The appeal in hand has been preferred by the appellants- claimants seeking enhancement in the amount of compensation awarded by the learned Motor Accident Claims Tribunal, Sonipat, (for short, ‘the learned Tribunal’) vide impugned Award dated 5.9.2006. Brief facts of the case in hand are that on 29.03.2004, Hari Ram, since deceased, along with Ram Niwas and some other 1 FAO No.802 of 2010 passengers boarded three-wheeler No.HR-69-3104. It was being driven by respondent No.1, the driver, in a rash and negligent manner. When they reached in the area of Village Tharu Uldepur, District Sonipat, the driver tried to overtake another three-wheeler by going on the wrong side. In the meantime, a cyclist came from front side due to which the driver suddenly turned his vehicle. Resultantly, the three- wheeler turned turtle and Hari Ram as well as Ram Niwas sustained injuries. After the accident, Hari Ram was shifted to Civil Hospital, Sonipat, from where he was referred to the PGIMS, Rohtak, where he succumbed to his injuries on the same day. FIR No.50 dated 29.3.2004 was registered at Police Station Sadar Sonipat. In this background, the claimants preferred claim petition before the learned Tribunal. The learned Tribunal, vide impugned Award, has granted a sum of `3,70,000/- as compensation to the claimants. Enhancement thereof, has been sought by way of the present appeal. I have heard the learned counsel for the parties and perused the record. The deceased, Hari Ram was aged 48 years at the time of his death in the accident. The claimants are his wife and five minor children. The learned Tribunal, while passing the impugned Award, has granted a sum of `3,64,000/- for loss of dependency and `6,000/- on account of transportation of the dead body and cremation charges. From the perusal of the Award, it is made out that the learned Tribunal has not granted any amount towards the conventional heads such as loss of love and affection, loss of estate, etc. In the 2 FAO No.802 of 2010 considered opinion of this Court, the ends of justice would be met in case a consolidated amount of `20,000/- is granted to the claimants under ‘conventional heads’. It is ordered accordingly. In view of the above, the claimants-appellants are held entitled to the enhanced compensation of `20,000/-, which shall be payable to them within a period of 45 days from the date of receipt of certified copy of this judgment. In case the amount aforesaid is not paid within the stipulated period, the same shall carry interest @ 7.5% p.a. from the date of filing the present appeal, till its realization. The present appeal is partly allowed and the Award of the learned Tribunal is modified to the extent indicated above. ( JITENDRA CHAUHAN ) 23.11.2011 JUDGE atulsethi Note: Whether to be referred to reporter ? Yes/No 3