IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.516 of 1991(O&M) Date of Decision 23.11.2009 Smt.Om Pati and others ...... Appellants VERSUS Mage Ram and others ...... Respondents CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: Mr.D.R.Bansal, Advocate, for the appellants. Ms.Mamta Singla Talwar, A.A.G., Haryana, for respondents No.2 and 3-State of Haryana. ***** A.N.JINDAL, J(ORAL): This appeal for enhancement is directed against the award dated 15.01.1991, passed by Motor Accident Claims Tribunal, Jind (herein referred as 'the Tribunal'), awarding compensation to the tune of Rs.60,000/- alongwith interest @ 12% per annum in favour of the appellants-claimants (herein referred as 'the claimants') and against the respondents jointly and severally on account of the death of Sube Singh, aged about 46 years in a motor vehicular accident. The deceased was an ex-serviceman. On his death, his wife used to receive Rs.470/- per month as pension. Anyway, the Tribunal assessed the income of the deceased @ Rs.1,000/- per month and after applying the multiplier of 15 awarded compensation to the tune of Rs.1,20,000/-. However, while holding that the accident took place on account of contributory negligence of deceased and respondent No.1 driver of the offending vehicle, the claimants were awarded 50% of the award FAO No.516 of 1991(O&M) -2- amount i.e. Rs.60,000/-. The Tribunal appears to have fallen in error while not awarding any amount on account of consortium, transportation expenses and love and affection and no interest from the date of filing of petition till realization of the award amount was awarded to them. As such, compensation needs to be enhanced while adding some amount on abovesaid heads. Resultantly, this appeal is partly accepted and the impugned award is modified by enhancing compensation to the tune of Rs.12,000/- (Rs.5,000/- on account of consortium, Rs.5,000/- on account of transportation and Rs.2,000/- on account of love and affection) over and above the award amount. However, the appellants would also be entitled to recover interest @ 7.5% per annum on the amount of compensation (including the enhanced compensation) from the date of filing of the petition till realization of the award amount. (A.N.Jindal) Judge 23.11.2009 mamta-II