FAO No. 470 of 2010 -1- In the High Court of Punjab & Haryana at Chandigarh FAO No. 470 of 2010 (O&M) Date of decision : 12.5.2010 Smt. Neelam Kaur and another ... Appellants vs Balinder Singh and others .... Respondents Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Ms. Minakshi Poswal, Advocate, for the appellants. Rajesh Bindal J. This appeal has been filed by the claimants seeking enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Kurukshetra (hereinafter to be referred as “the Tribunal”). Briefly the facts as mentioned in the award of the learned Tribunal are that on 28.9.2008, Baljit Singh alias Chintu along with his brother Avtar Singh was coming back from Ladwa to Kurukshetra, after loading bananas in three wheeler bearing registration no. HR-65-1557. Mohan Lal was driving the said vehicle. When they reached near Hindustan Petrol Pump in the area of Village Nivarsi at about 5.30 a.m., the offending tractor-trolley bearing registration no. HP-36-0237, was wrongly parked in the middle of the road without putting on parking lights or indicators, etc. by its driver Balinder Singh respondent no. 1. Due to this, the three wheeler dashed behind the tractor-trolley, as a result of which all the occupants received multiple injuries. They were taken to CHC, Ladwa, where Baljit Singh @ Chintu was declared dead. The parents of the deceased filed claim petition which was allowed. Still dissatisfied with the award of the learned Tribunal, they 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. 5,000/- each granted by the learned Tribunal on account of funeral expenses and loss to the estate is not proper. It was submitted that they have lost their FAO No. 470 of 2010 -2- young son aged about 19 years. It was prayed that the same be enhanced to Rs. 15,000/- under each head. Heard learned counsel for the appellant and perused the paper- book. For the view I am taking, I do not deem it appropriate to issue notice to the respondents as the same will result in costing them more in terms of time and money than the amount of compensation, which I deem appropriate to enhance. No doubt, the appellants have lost their young son and have suffered great misery. They have been 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. 10,000/- 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. 12.5.2010 ( Rajesh Bindal) vs. Judge