FAO No.7105 of 2010 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.7105 of 2010 Date of Decision : 23.11.2011 Satya Devi and others .......Appellants Versus Lekh Raj and others .......Respondents CORAM:- HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Daman, Advocate, for Mr. K.S. Dhaliwal, Advocate, for the appellants. Mr. P.R. Rohilla, Advocate, for respondent No.1. Mr. Ajay Gulati, DAG, Haryana, for respondent Nos.2 and 3. Ms. Puneeta Sethi, Advocate, for respondent No.4. **** JITENDRA CHAUHAN, J. (ORAL) The appellants-claimants have preferred this appeal praying for enhancement in the amount of compensation awarded by the learned Motor Accident Claims Tribunal, Karnal, vide impugned Awarded dated 04.01.2010. Brief facts of the case in hand are that on 18.02.2008 at about 7.00 p.m., the deceased, Raj Kumar, was coming from 1 FAO No.7105 of 2010 Kambohpura to his shop situated near Ashoka Deluxe Dhaba, G.T. Road, Karnal, on his LML Vespa Scooter bearing No.HR-05D-288. When he crossed G.T. Road Kambohpura cut in front of Ashoka Deluxe Dhaba, a Jeep bearing No.HR-05K-4898, which was being driven by the driver, respondent No.1, in a rash and negligent manner, came from the Karnal side, and struck against the scooter of Raj Kumar. As a result thereof, Raj Kumar fell from the scooter and received multiple and grievous injuries. He was first removed to Arpana Hospital and later on to Sachdeva Hospital, where he succumbed to the injuries. FIR No.22 dated 19.02.2009 under Sections 279 and 304-A, IPC was registered at Police Station Madhuban, against Lekh Raj-driver. In this background, the claimants preferred claim petition before the learned Tribunal seeking compensation on account of the death of Raj Kumar in the road accident. The learned Tribunal, vide impugned Award, granted a sum of ` 3,86,000/- as compensation. Enhancement thereof has been sought by way of the present appeal. I have heard the learned counsel for the parties and perused the record. From the impugned Award, it is made out that the deceased was 50 years of age at the time of his death in the accident. The claimants are his wife, son and daughter. The learned Tribunal has awarded a sum of `5,000/- towards funeral expenses, `2,000/- for transportation and `5,000/- on account of consortium, which is inadequate. 2 FAO No.7105 of 2010 Keeping in view the facts and circumstances of the present case, this Court feels that the ends of justice would be met in case the amount awarded against the heads, ‘funeral expenses’ and ‘consortium’ is enhanced by `5,000/- each. It is ordered accordingly. It is further observed from the impugned Award that the learned Tribunal has not granted any compensation against the head, ‘loss of estate’. Therefore, an amount of `10,000/- is granted under this head. The total amount of enhanced compensation comes to `20,000/-. The enhanced compensation of `20,000/- shall be payable to the claimants-appellants within a period of 45 days from the date of receipt of certified copy of this judgment, failing which, they shall also be entitled to the 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