ff Ri—r; .\' ^/J] HIGHCOURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI N.K. AGARWAL, J. Misc. Appeal (C) No. 279 of 2006 Appellants Claimants Respondents 1. Vishnu Prasad Deshmukh, s/o Shri Budhram Deshmukh, aged about 34 years. 2. Smt. Jugeshwari Deshmukh, w/o Vishnu Prasad Deshmukh, aged about31 years. (Both r/o village Bhaisar, P.S. Pulgaon, Tahsil and distt. Durg C.G. Claimants VERSUS 1. Vinod Madharia, s/o Itwari Ram, aged about 24 years, R/o village Dhaba, P.S. Bori, Tahsil & distt. Durg C.G. Driver of the vehicle 2. Tulesh Madharia, s/o Jeevanlal Madharia, R/o village Dhaba, P.0. Bhaisar, tahsil & distt. Durg C.G. Owner of the vehicle 3. Bajaj Allianz General Insurance Company Ltd., Shivmohan Bhavan,. Vidhan Sabha Marg, Pandri, Raipur, Tahsil & Distt. Durg C.G. Insurer Memo of appeal under Section 173 of the IVIotor Vehicles Act. Present: Shri P.R. Patankar, counsel for the appellants. Shri Praveen Dhurandhar, counsel for respondents No.1 and2. Shri Rajesh Pandey, counsel for respondent No.3. ORDER rth (27InJune,2011) ^'^''?:w'3:Vis^,\ ^-4, "^>;' "!!•. 'i^"WSS''':t-v-.^. "I "%s-.-* _*? ''••^,,.^{" The following order of the Court was passed by Rajeev Gupta, C.J. This is claimants' appeal for enhancement of the compensation awarded by the 12 Additional Motor Accident Claims Tribunal, Durg (for short 'the Tribunal') vide award dated 14.07.2006, passed in Claim Case No.61/2006. 2) As against the compensation of Rs.5,25,000/- claimed by the appellants/ claimants, unfortunate parents of deceased boy Mordhawaj Deshmukh aged about 11 years, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 13.05.2005, the Tribunal awarded a total sum of Rs.1,75.000/- 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 P.R. Patankar, learned counsel for the appellants vehemently argued that the Tribunal has erred in awarding low compensation of Rs.1,75,000/- only though the appellants' son deceased Mordhawaj Deshmukh was a brilliant student and had a bright future and he would have extended great support to his parents in their old age. 4) Shri Rajesh Pandey, learned counsel for respondent No.3 Bajaj Allianz General Insurance Company Limited, the insurer ofthe offending vehicle Tractor, on the other hand supported the award and contended that the compensationof Rs.1,75,000/- awarded by ^ '/ nSii'gsg^'i : ''^.^^iSK^-i^^. ^ ^ ^a.w«'/.^ ^^xy the Tribunal canndt be termed as inadequate so as to warrant enhancement in this appeal. 5) Shri Praveen Dhurandhar, learned counsel for respondents No.1 Vinod Madharia and No.2 Tulesh Madharia, the driver and owner of the offending vehicle Tractor also supported the award. 6) The claimants' son deceased Mordhawaj Deshmukh was aged about 11 years on the date of the accident. He was a student of 5 standard. The claimants are his parents aged about 34 years and 31 years respectively. Claimant No.1 Vishnu Prasad Deshmukh, father of the deceased boy was working as Sales Executive in a private concern Bhatia Engineering, Durg. 7) 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 paras9 & 10 : "9. This Court in Lata Wadhwa while computing compensation made distinction between the deceased . children falling within the age group of5to10 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 uncertainties in regard to their academic pursuits, achievements in career and thereafter ^ / ^ ^^-'v^ \ 1 1,I 4 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 of Rs.51,500/- was just and proper compensation for the death of a child aged about seven years. 8) The compensation of Rs.1,75,000/- awarded by the Tribunal when examined in the context of the above quoted dictum of the Apex Court in the case of Qriental Insurance Co. Ltd., (supra), and the fact that the appellants' son deceased Mordhawaj Deshmukh was aged about 11 years only and was a student of 5 standard on the date of the accident, we are satisfied, does not call for any enhancement in this appeal. 9) The appeat fited by the appellants/ claimants for enhancement of the compensation, therefore, is liable to be dismissed and is herebydismissed. 10) No order as to costs. nimmi Sd/- Chief Justice Sd/- N.K.Agarwa] Judge 9^ v ^