y HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SKRI RANGNATH CHANDRAKAR, J. APPELLANTS RESPONDENTS Misc. Appeal (0 No.SSS of 2007 1. Raju Chauhan, S/o telu Chauhan, aged about 42 years 2. Smt. Dhani Bai, W/o Raju Chauhan, aged about 40 years Both R/o Village Puraina, Bhilai-3, District Durg (CG) VERSUS 1. Ram Aasre Yadav, S/o Bijay Bahadur Yadav, aged about 35 years, R/o Bairamji Town, Aadiwas Nagar Khadan, Nagpur, P.S. Sadar (Maharashtra) (Driver). 2. Mr. Shailendra Singh Jassal, G.E. Road, Telibandha, Raipur, District Raipur (CG). Owner 3 The National Insurance Company Limited, Vardhman Nagar, Bhandra Road, Nagpur, Through - Divisional Manager, The National Insurance Company Limited, Akash Ganga Parisar, Supela, Bhilai, District Durg (CG) Insurer Miscellaneous appeal U/s 173 ofthe Motor VehiclesAct 1988. Present: Shri Arvind Dubey, courisel for the appellants. None for respondent No.1 though served. Shri Raj Awasthi, counsel for respondent No.3. ORDER (16th November, 2009) The following order of the Court was passed by Rajeev Gupta, C.J. Learned counsel for the parties are heard on I.A.No.01/2007, an application for condonation of the delay in filing the appeal. 2. On due consideration, I.A.No.01/2007 is allowed and the delay of eight days in filing the appeat is hereby condoned. 3. Shri Arvind Dubey, learned counsel for the appellants is heard on admission. 4. This is ctaimants appeal for enhancement of the compensation awarded by the T^ Additional Motor Accidents Claims Tribunal, Durg (for short 'the Tribunat') vide award dated 31.01.2007, passed in Claim Case No. 29/2005. 5. As against the compensation of Rs.6,25,000/- claimed by the appellants/claimants, unfortunate parents of deceased Amrit Chouhan by filing a claim petition under Section 166 of the Motor Vehicles Act for his death in the motor accident on 25.03.2004, the Tribunal awarded a total sum of Rs.2,25,000/- as compensation along with intere^t @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 6. Shri Arvind Dubey, learned counsel for the appellants vehemently argued that the Tribunal has erred in awarding low compensation of Rs.2,25,000/- only though the appellants' son /'^\ 1 '^ S i ~vs •liKHS'S .subbu deceased Amrit Chouhan would have extended great support in their old age. 7. The compensation of Rs.2,25,000/- awarded by the Tribunal when examined in the context of the dictum of the Apex Court in the case of Manju Devi and another vs. Musafir Paswan and another, reported in 2005(1) TAC 609 (SC), wherein the Apex Court awarded compensation of Rs.2,25,000/-, for the death of a boy aged about 13 years, we are satisfied that the amount awarded by the Tribunal does not call for any enhancement in this appeal. 8. We, therefore, do not find anv scope for enhancement of the compensation awarded by the Tribunal. 9. The appeal Tiled by the appellants/ claimants for enhancement of the compensation, therefore, is liable to be dismissed and is hereby dismissed summarily. Sd/- ChiefJustice Sd/- R.N. Chandrakar Judge