HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, CJ. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. Appellants CSaimants Respondents M.A.(C).No.422of2010. 1 Uttam Nishad, S/o Ganesh Ram Nishad, aged about 28 years 2 Smt Sushila Bai, W/o Uttam Nishad, aged about 23 years Both are resident of village Karanja, Bhilai, Police Station Pulgaon, District Durg (CG) VERSUS 1 Ghanshyam Sahu s/o Sri Fulchand Sahu, aged about 24 years, R/o VilJage Junwani, Police Chowki Jevra, Police Station Purgaon, Tahsii & District Durg (CG) (Driver of alleged vehicle Mahindra Champion No.CGOTT/0902) 2. National insurance Company Limited, Branch Office-1, Bhuthani Complex, GE Road, Power House, Bhilai, District Durg (CG) Memo of MJscellaneous Appeal U/S 173 ofthe Motor Vehicles Act. 1988 Present: Shri C.R. Sahu, counse! for the appellants. ORDER (21st AprH, 2010) The following order of the Court was passed by Rajeev Gupta; C.J. Shri C.R. Sahu, learned counsel for the appellants is heard on admission. 2) The appellants are seeking enhancement of the compensation awarded by the Eieventh Additional Motor Accident Claims Tribunal, Durg (for short 'the Tribunal') vide award dated 24.02.2010, passed in Claim Case No.58/2009. 3) As against the compensation of Rs.11,25,000/- claimed by the appellants/claimants, unfortunate parents of deceased child Deepak Kumar Nishad, aged about 1 % years, by filing a claim petition under Section 166 ofthe Motor Vehicles Act, for his death in the motor accident on 06.05.2009, the Tribunal awarded a total sum of Rs.52,000/- as compensation along with interest @ 8% per annum from the date of filing of the daim petition till the date of actual payment. 4) Shri C.R. Sahu, learned counsel for the appellants vehemently argued that the Tribunal has erred in awarding low compensation of Rs.52,000/- only as the appellants' son deceased Deepak Kumar Nishad would have extended great support to the claimants in their old age. 5) 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. ln 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 financiat loss suffered by the parents capable of mathematicai computation." The Apex Court in the case of Oriental Insurance Co. Ltd. Vs 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. 6) Now reverting to the present case, admittedly, the appellants' son Deepak Kumar Nishad was aged about 1 7-s: years on the date of the accident. The compensation of Rs.52,000/- 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), we are satisfied, is just and proper compensation and does not call for any enhancement in this appeal. 7) We, therefore, do not fjnd any scope for enhancement of the compensation awarded by the Tribunal. 8) The appeal filed by the appellants/ ciaimants for enhancement of the compensation, therefore, is liable to be dismissed and is hereby dismissed summarily. subbu Sd/- Chief Justice > Sd/- R.N. Chandrakar Judge ^