^^ \^ '^y '^/^ l^ HIGHCOURT OF CHHATTISGARM AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. HON'BLE SHRI RANGNATH CHANDRAKAR, J. Misc. ADpeal (C)(PR) No.1820 of 2009 Aopellants Respondents 1 Satruhan Yadav, S/o Horilal Yadav, aged about 32 years, 2 Shakun Bai, W/o Satruhan Yadav, aged about 30 years Both R/o New Bus Stand Kopebhatha, PS Gandai, District Rajnandgaon (CG) At present R/o Vlllage Rewadih, Tahsil and District Rajnandgaon (CG) VERSUS 1 Rohit Kumar, S/o Tulsiram Nirmalkar, aged about 33 years, Caste - Dhobi, R/o Kachandur, PS Gunderdehl, District Durg (CG) 2 Gopat Khandelwal, S/o Punamchand Khandelwal, R/o Ambagarh Chowki, Tahsil Ambagarh Chowki, District Rajnandgaon (CG) 3 Branch Manager, Oriental Insurance Company Limited, Branch Office, Kamfhl Line, Rajnandgaon, Dlstrict Rajnandgaon (CG) Misc. Appeal under Section 173 of the Motor Vehicles Acfc 1988 Present : Shrh-Goutam Khetrapal, counsel for the appellants. ORDER rth (17m November, 2009) The fotlowing order of the Court was _passffl -b^f Rajeev Gupta, C.J. Shri Goutam Khetrapal, teamed counsel for the appeltants is heard on I.A.No.01/2009, an application for condonation of the detay in filing theappeal. 2) On due consideration of the submlssionsof leamed counsel for the appellants and the grounds taken in the application, we are satisfled that the appellants have succeeded in showing sufficient cause for the delay in filing the appeal. 3) I.A.No.01/2009, therefore, is altowed and the delay of 20 days in filing the appeal is hereby condoned. 4) Leamed counsel for the appeltants is heard on admission. 5) The appeltants are seeMng enhancement of the compensatioR awarded by First Additional Motor Acctdent Claims Tribunal, Rajnandgaon (Tor short, 'the Tribunal') vide award dated 28.02.2009, passed in Claim Case No.24/2008. 6) A& against the compensation of Rs.9,20,000/- ctaimed by the appellants / claimants, unfortunate parents of deceased Amtt Kumar, by flling a claim petition under Section 166 of the Motor Vehicles Act, for hls death in the motor accident on 27.11.2007, the Tribunal awarded a total sum of Rs.1,04,500/- as compensation along with interest @ 6% per annum from the date of filing of the claiph petition till the date of actual payment. 7) Shri Goutam'-Khetrapal, leamed counsel Tor the appellants vehemently argued that the Tribunal has erred in awarding low comperisation of Rs.1,04,500/- only though deceased boy Amit Kumar would have extended great support to the appellants in their old age^ 8) The Apex Court while considering as to what woutd be the Just and proper compensation for the death of a child agedabout 7 years in the case of Oriental Insurance Co. Ltd. V. Syed Ibrahim and others reported in 2007 (4) T.A.C. 385 (S.C.) observed in paras9& 10: "9. This Court in Lata Wadhwa while computing compensation made distinction between the deceased children falling within the age group of 5 to 10years and age group of 10 to 15 years. 10. In cases of young children of tender age, in view of uncertaintles about, neither their income at the time of death nor the prospects of the future increase in their income nor chances of advancement of their career are capable of proper determinatlon on estimated basis. The reason Is that at such an early age, the uncertainties in regard to their academic pursuits, achievements in career and thereafter advancement in life are so many that nothing can be assumed with reasonable certainty. Therefore, neither is the ineome of the deceased child capable of assessment on estimated basis nor is the financial loss suffered by the parents capable of mathematical computation." The Apex Court in the case of Oriental Insurance Co. Ltd. '•^a- V. Syed Ibrahim and others (supra), held that the compensation of Rs.51,500/- was just and proper compensation for the death of a child aged about seven years. subbu 9) Now, reverting to the present case, the compensation of Rs.1,04.500/- awarded by the Tribunal when examined in the context of the above quoted dictum of the Apex Court in the case of Oriental Insurance Qo. Ltd. V. Syed Ibrahim and others (supra) and the fact that deceased boy Amit Kumar was aged about 6 years onty on the date of the accident, we are satisfled, does not call for any enhancement in this appeal. 10) We, therefore, do not find any scope for enhancement of the compensation awarded by the Tribunal. 11) The appeal flled by the appellants/ctaimants for enhancement of the compensation, therefore, is liable to be dismissed and 1s hereby dismlssed summarily. Sd/- ChiefJustice // Sd/- R.N. Chandrakar Judge ''*>-