p lii <.. HIGH COURT OF CHHATTJSGARH AT BSLASPUR DIVISION BENCH CORAM.: HON'BLE SHRI RAJEEVGUPTA, C.J.& HON'BLE SHR8 RL JHANWAR, J. Misc Appeal(Ct No. 185 of 2010 ApDellant Ciaimant Respondents 1. Chandan Son Of Sukhdeo Sjngh, Caste Gond, Aged 30 Years, Occupation Agriculturist, R/o Yiltage Gokulpur, P.S. Ramanujnagar, Tahsil Surajpur, District Surguja (CG) i Versus Shanker Prasad Patej, Son of Kanhai Ram Patel, Caste Kunbl, aged 60 years, Occupation Agriculturist,] R/o Village Patarpati, P.S. Ramanujnagar, Tahsil Surajpur, District Surgyja (CG). indrapal. son jof Harmangal Ram. aged about 27 years, R/o Viiiage Nakna, P.S. Ramanyjnagar, Tahsil Surajpur, DistrictSurguja (CG). The United India insurance Company Ltd, through Branch Manager, Near Ram Tempie, Ambikapur, District Surguja (CG). MisceSlaneous Appeal under Section 173 of the Motor Vehicles Act. Present : Shri D.N. prajapati, counsel for the appellant. ORDER (15th February, 2010) The foHowing order of the Court was passed by R8jeevGupfa,CJ. Shri D.N. Prajapatj, iearned counsei for the appellant is heard on admission. M~T-T~'~- \r. •<v' 2) Appellant Chandan is seeking enhancement of the compensation awarded by Second Additional Motor Accident Claims Tribunal, Surajpur, District Sarguja (for short, 'the Tribunat') vide award dated 03.12.2009, passed in Ciajm Case No.160/2007. 3) As against the compensation of Rs.7,00,000/-,claimed by the appellant /claimant, unfortunate father of deceased child Guru Ghasi Das Durgam Singh, aged about five years, for his death in the motor accident on 11.06.2007, the Tribunal awarded total sum of Rs.90,000/- as compensation along withl interest @ 7.5% per annum from the date ofthe filing ofthe ctaim petition, tili the date of actual payment. 4) Shri D.N. Prajapati, learned counsel for the appellant vehemently argued that the compehsation of Rs.90,000/- awarded bytheTribunalistoplowastheappeliant'sjson - deceased Guru Ghasi Das Durgam Singhwas a briiiiantstudent and had a bright future. 5) The Apex Court while considering as to what would be just and propercompensation for the death of a child aged about seven years in thecase of Oriental Insurance Co. Ltd Vs Syed Ibrahim and others reported in 2007 (4) TAC 385 (SC) observed in paras 9and10: fi9.ThisCourtinLafaWactf?wa(2001)8SCC197, whiie computing compensation made distinction between the deceased children falling wlthin the age groupof 5 to 10 years and age groupof 10 to 15years. / 10. In cases of young children of tender age, in view of uncertainties abound, neither their income ^ ilh atthe time ofdeath nor the prospects ofthe 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 uncertaintjes in regard to their academic pursuits, achievements in carrier and thereafter advancement in life are so many that nothing can Ibe assumed with reasonable certainty. Therefore, neither is the jncome of tMe deceased | child capabie of assessment on estimated basis nor is the financiaS loss suffered by the parents capable of mathematical computation." The Apex Court in the case of Oriental Insurance Co. Ltd. V. Syed Ibrahim and others (supra), heldthat the compensation ofRs.51,500/-wasjustandpropercompensatJonforthedeathofa child aged about seven years. 6) The compensation of Rs.90,000/- awarded by the Tribunal whenexamined in the context of theabove quoted dictum of the Apex Court in the Caseof Oriental Insurance Co.Ltd Vs Syed Sbrahim and others (supra), we are satisfied, does not call for any enhancement in this appeal. 7) We, therefore, do not flndany scope for enhancement of the compensation awarded by the Tribunal. 8) The appeal filed by the appellant/ claimant for enhancement of thecompensation, therefore, is liable to be dismissed and is hereby dismissed summarily. subbu Sd/- Chief Justice Sd/- R.L. Jhanwar Judge