(M HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, CJ. HON'BLE SHRI SUNIL KUMAR SINHA, J. APPELLANTS Claimants l;!i| Wlisc. Appeal No. 1290 of 2005 1. Santuram, S/o Phirturam Chandra, aged about 40 years 2. Smt Chandrika Bai, W/o Santuram Chandra, aged about 36 years Both are R/o Village - Kekarabhat, PS Baradwar, District - Janjgir - Champa (CG) VERSUS Respondents ss: Narendra Singh Chauhan, S/o Babulal Chauhan, aged about 24 years, R/o l illage - Portha, PS Sakti, District - Janjgir Champa (CG) (Driver) Ghanshyam S/o Kopraha, R/o Village - Vandabhra, Tahsil * Champa, District - Janjgir - Champa (CG) Present R/o Village - Portha, Police Station - Sakti, District Janjgir - Champa (Chhattisgarh) (Tractor Owner) United India Insurance Company Ltd.; Mendekar Complex, Rajendra Nagar, Branch Office - Bilaspur (CG) (Insurer) Bodhan S/o Chhotku, R/o Village - , Portha, Tahsil - Sakti, District - Janjgir - Champa (CG) MLSC. APPEAL UNDER SECTION 173 OF THE IVIOTOR . VEHICLESACT h' Present: Shri PK Patel, learned counsel for the appellants. None for respondents No.1, 2 and 4 though served. Shri Pankaj'Agrawal, learned counsel for respondent No.3. ORDER >th (9l"March,2011) The following order of the Court was passed by Rajeev Gupta, C.J. The unfortunate parents of deceased child Mahendra Kumar, aged about 11 years are the appellants before us in this appeal for enhancement of the compensation awarded by the Addition&l Motor Accident Claims Tribunal, Sakti, district Bilaspur (for short 'the Tribunal') vide award dated 20.07.2005, passed in Claim Case No.46/2004. 2) As against the compensation of Rs.7,83,000/- claimed by the appellants/ claimants, unfortunate parents of deceased child Mahendra Kumar, aged about 1 1 years, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 09.11.2004, the Tribunat awarded a total sum of Rs.1,11,700/- as compensation along with interest @ 7% per annum from.the date of filing of the claim petition till the date of actual payment. 3) Shri PK Patel, learned counsel for the appellants vehemently argued that the Tribunal has erred in awarding low compensation of Rs.1,11,7007- only though the appellants' son Mahendra Kumar ; "%:• B,1::::8B was a brilliant student and had a bright future and he would have extended great support to the appellants/ claimants in their old age. 4) Shri PankajAgrawal, learned counsel for respondent No.3 the United India Insurance Company Limited, on the other hand contended that the Tribunat has been quite liberat in awarding substantial amount of Rs.1,11,700/- as compensation to th*e claimants though the deceased child was aged about 11 years only. 5) The Apex Court while considering as towhat 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 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 determination on estimated basis. The reason is that at such an early age, the uncertaintie?^ 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 -€ .-.-. c- subbu suffered by the parents capablg of mathematioal Gomputation." . ,. ,,- •'••^v 1~::;-', The Apex Court in the case 6f Orierital InsUrance G6. Ltd. Vs Syed Ibrahim and otliers (supra) held that the GompensatiSin ofRs.51,5QO/-wasjustandpropercompelTCationTorthedeaWo^ child agea aboutSeven years; 6) Th®compehsation ofRs.1,11;700/-awardedbytheTril:iyhal when examined in the context 6f fhe above quofed dietuiti of?(lig,; Apex Court in the case 6f Oriental Ihsurance G6. Ltd., (supra) and the faet that the appellants' son Mahendra Kumar, admittedly, was aged about 11 years only and \^s not rtaving any income^of; his own at the time of theaccitient; we are satisfied, does not call foranyerihancementinthisappeal." 7) We, fherefore, do not find any scope forenhaincemerttofthe compensation awarded bytheTribunal. . 8) The appeal filed by the appellants/ claimants^^^^fo^^^ erihancement of the cdmpensaticin, therefore, is liable t6 be^ dismtesed^nd is hereby dismissed; ^ * ^ 9) No order as to cpsfs. Sd/- Chiefjusttce Sd/- ^J 'Sunil Kuinar Sinha| Judge /