HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA,C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. Appellants Claimants Misc. Appeal (Cl No. 746 of 2008 1. Badu Ram Kewat aged about 45 years, s/o Firtu, resident of village Sohagpur, P.S. Chowki Urga, P.S. Korba, Tahsil Kartala, district Korba C.G. 2. Smt. Chhedi Bai, aged about 40 years, w/o Badu Ram Kewat, resident of village Sohagplur, P.S. Chowki Urga, P.S. Korba, Tahsil Kartala, district Korba C.G. VERSUS 1. Abdul Kadir, aged about not known, s/o Hussain, resident of village Sohagpur, P.S. Chowki Urga, P.S. Korba, Tahsil Kartala, district Korba C.G. 2. The Oriental Insurance Company Limited, Divisional Office, Geetanjali Bhawan, near old Bus Stand, Korba C.G. ADDeal under Section 173 ofthe MotorVehicle Act. 1988 Respondents Present: Shri Mukesh Sharma, counsel for the appellants. Shri Shailendra Sharma, counsel for respondent No.2. ORDER (05th July, 2011) - The following order of the Court was passed by Rajeev Gupta,C.J. ^^ '(.. \~ The unfortunate parents of deceased boy Shekhar, aged about 6 years are the appellants before us in this appeal for enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Korba (for short 'the Tribunal') vide award dated 11.01.2008, passed in Claim CaseNo.79/2007. 2) As against the compensation of Rs.39,10,000/- claimed by the appellants/ claimants, unfortunate parents of deceased boy Shekhar, aged about 6 years, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 20.09.2005, the Tribunal awarded a total sum of Rs.87,000/- as compensation along with interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 3) Shri Mukesh Sharma, learned counsel for the appellants vehemently argued that the Tribunal has erred in awarding low compensation of Rs.87,000/- only though the appellants' son, deceased Shekhar would have extended great support to his parents in their old age. 4) Shri Shailendra Sharma, learned counsel for respondent No.2 - The Oriental Insurance Company Limited, the insurer of the offending vehicle Auto rickshaw bearing registration No.C.G.12E/0357, on the other hand, contended that the compensation of Rs.87,000/- awarded by the Tribunal cannot be termed as inadequate so as to warrant enhancement in this appeal. ^—^^,. . ^1 ?/ 5) The claimants' son Shekhar was aged about 6 years on the date of the accident. He was a student of second standard. His father Badu Ram was a labour. He was aged about 35 years. 6) The Apex Court while considering as to what would be the just and proper compensation for the death of a child aged about 7 years in the case of Oriental Insurance Co. Ltd. Vs Syed Ibrahim and others, reported in 2007 (4) TAC-385 (SC) observed in paras 9 & 10 : "9. This Court in Lata Wadhwa while computing compensation made distinction between the deceased children falling within the age group of 5 to 10 years and age group of 10 to 15 years. 10. In cases of young children of tender age, in view of uncertainties abound, neither their income at thetimeof death nor the prospects of the future increase in their income nor chances of advancement of their career are capable of proper determination 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 income 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. Vs Syed Ibrahim and others (supra) held that the compensation k 7 ^ ^ .-.""r^ X.'A- f ^•^ss^,. 1 ^ of Rs.51,5007- was just and proper compensation for the death of a child aged about seven years. 7) The compensation of Rs.87,000/- awarded by the Tribunal when examined in the context of the above quoted dictum of the Apex Court in the case of Oriental Insurance Co. Ltd., (supra) and the fact that the claimants' son deceased Shekhar was aged about 6 years only, we are satisfied, does not call for any enhancement in this appeal. 8) The appeal filed by the appellants/ claimants for enhancement of the compensation, therefore, fails and is hereby dismissed. 9) No order as to costs. Sd/- Chief Justice subbu Sd/- R.N. Chandrakar Judge / ^ /o J< 7^- ^. ^