FAO Nos.4791 of 2010 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.4791 of 2010 (O&M) (in MACT No.66 of 2008) Date of Decision : 15.12.2011 Smt. Mashuwan and others .......Appellants Versus Mohinder Singh and others .......Respondents CORAM:- HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Ravinder Malik, Advocate, for the appellants. Mr. Vivek Singal, Advocate, for respondent-National Insurance Co. Ltd. **** JITENDRA CHAUHAN, J. (ORAL) CM No.20575-CII of 2010 For the reasons stated therein, the CM application is allowed and the delay of 32 days in filing the appeal is condoned. FAO No.4791 of 2010 The claimant-appellants have approached this Court seeking enhancement of the compensation granted by the learned Motor Accident Claims Tribunal Panipat, vide the impugned Award dated 23.01.2010. Brief facts of the case in hand are that on 29.01.2008 at 8.30 a.m., the deceased, Nizamudeen, along with other passengers, 1 FAO Nos.4791 of 2010 was going to Gohana, in a Jeep bearing No.HR-60C-0279. When they reached near Mehrana Petrol Pump on Gohana Road, a truck bearing No.HR-61-8619, being driven by the driver Mohinder Singh, respondent No.1, in a rash and negligent manner, came from the Gohana side and struck against the said Jeep. Due to the accident, five persons including the deceased, Nizamudeen, died on the spot, whereas 10 other persons received multiple injuries whereas. FIR No.37 dated 29.1.2008 under Sections 279, 304-A and 427 IPC was registered at Police Station Model Town, Panipat. In this background, fifteen separate claim petitions were preferred before the learned Tribunal, which were disposed of by a consolidated Award dated 23.01.2010. The appellants herein preferred claim petition No.66 of 2008 and were awarded compensation to the tune of `7,40,000/-. Enhancement thereof has been sought by way of the present appeal. I have heard the learned counsel for the parties and perused the record. Although, there is no specific averment regarding the non-payment of compensation towards the head ‘transportation’, yet the fact remains that the accident in question took place on the Highway and the deceased was removed firstly to the hospital and from there, the dead body was removed to his house. Hence, the claimants must have incurred some amount for transportation. Under these circumstances, this Court feels that the ends of justice would be met in case an amount of `5,000/- is granted under the head ‘transportation’. It is ordered accordingly. 2 FAO Nos.4791 of 2010 A further perusal of the impugned Award shows that an amount of `5,000/- each has been awarded on account of ‘loss of consortium’ and ‘funeral expenses’. Therefore, another amount of `10,000/- is awarded under the ‘other conventional heads’. The amount of compensation awarded under all the other heads is just and appropriate. In view of the above, the claimant-appellants are held entitled to an amount of `15,000/- as enhanced compensation, which shall be payable to them within a period of 30 days from the date of receipt of a certified copy of this judgment, failing which, they shall also be entitled to the interest @ 9.5% p.a. from the date of filing the present appeal, till its realization. The enhanced amount will be disbursed to the claimants by the learned Tribunal, as it deems just and proper. The present appeal is partly allowed and the Award of the learned Tribunal is modified to the extent indicated above. ( JITENDRA CHAUHAN ) 15.12.2011 JUDGE atulsethi Note: Whether to be referred to reporter ? Yes/No 3