\i. T^ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI N.K. AGARWAL, J. Appellants Claimants h/lisc. Appeal No.233 of 2006 1 Lachchha Ram Mandavi, s/o Shri Mukka Ram Mandavi, aged about 32 years, Occupation Service 2 Vimala, w/o Lachchha Ram Mandavi, aged about 30 years Both Caste Muriya, r/o Bijapur, Distt - Dantewada (CG) .- VERSUS Respondents 1 Arbind Kumar Mishra, s/o AS Mishra, Non-applicants r/o DNK Colony, Kondagaon, Distt Bastar (CG) (Owner of vehicle) 2 Raj Kumar, s/o Shri Suddhu Ram Baghel, aged about 35 years, r/o Jamkotpara, Kondagaon, PS Kondagaon, Distt Bastar (CG) (Driver) 3 Oriental Insurance Company Limited, through : Branch Manager, Jagdalpur, Distt - Bastar (CG) (Insurer) Mem<LOf apeeal ujider Section 173 of the Motor Vehicles Act. Present: Shri Subhash Yadav, counsel for the appellants. Shri Pravesh Sharma, counsel for respondent No.3. ORDER ith (14'"December,2011) ^^.agsBi^ •i: ^BiSi.E -!. | !tl ^J M.A. No.233 of 2006 \.-^ ^ The following order of the Court was passed by Rajeev Gupta, C.J. The unfortunate parents of deceased boy Akash Mandavi @ Munna, aged about 12-14 years are the appellants before us in this appeal for enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Dantewada (for short 'the Tribunal') vide award dated 05,11.2004, passed in Claim Case No.183/2003. 2) As against the compensation of Rs.12,22,000/- claimed by the appellants/ claimants, unfortunate parents of deceased boy Akash Mandavi @ Munna, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 23.06.2003, the Tribunal awarded a total sum of Rs.62,700/- as compensation along with interest @ 12% per annum from the date of filing of the claim petition till the date of actual payment. 3) The Tribunal on a close scrutiny of the entire evidence led beforeit held that the claimants' son Akash Mandavi @ Munna died on account ofthe injuries sustained by him in the motor accident on 23.06.2003; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Bus bearing registration NO.C.G.-17/ZA-0181; as the above offending vehicle Bus on the date of the accident was insured with the Oriental Insurance Company Limited and the Insurance Company could not establish any breach of the policy conditions, the Insurance Company was liable to pay compensation to the claimants. 4) As the respondents have not filed any appeal against the award, the above findings recorded by the Tribunal have now attained finality. ^' ^^''•y-!\ ^, im^" ^f M.A.No.233of2006 -\-^ 5) The Tribunal considering that deceased boy Akash Mandavi @ Munna was aged about 12-14 years only on the date of the accident and was a student of class-V and was not having any independent income of his own, awarded Rs.50,000/- which is the minimum amount of compensation awardable in the case of death under 'no fault liability'. By adding further sum of Rs.10,700/- towards medical expenses and transportation of the body and Rs.2,000/- for funeral expenses, the Tribunal awarded a total sum of Rs.62,700/- as compensation to the claimants for the death of their son Akash Mandavi @ Munna in the motor acddent. The Tribunal further directed payment of interest on the above amount of compensation of Rs.62,700/- @ 12% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri Subhash Yadav, learned counsel for the appellants placing reliance on the dictum of the Apex Court in the case of Kaushlya Devi Vs Karan Arora and others, reported in 2007 AIR SCW - 3424 submitted that the Tribunal ought to have awarded Rs.1,00,000/- as compensation to the claimants for the death of their son Akash Mandavi @ Munna as he would have extended great support to the claimants in their pld age. 7) Shri Pravesh Sharma, learned counsel for respondent No.3 the Oriental Insurance Company Limited, the insurer ofthe offending vehicle Bus, on the other hand, placing reliance on the dictum of the Apex Court in the case of Oriental Insurance Co. Ltd. Vs Syed Ibrahim and others, reported in 2007 (4) TAC-385 (SC), submitted that the compensation of Rs.62,700/- awarded by the Tribunal is just ^ ,A. No.233of2006 \.^ and proper compensation as deceased Akash Mandavi @ Munna on the date of the accident was not having any independent income of his own. 8) Deceased Akash Mandavi @ Munna was aged about 12-14 years on the date of the accident. The claimants pleaded that he was a student of 5 standard. Admittedly, deceased boy was not having any independent income of his own at the relevant time. The claimants are father and mother of deceased Akash Mandavi @ Munna, aged about 32 years and 30 years respectively. Claimant No.1 Lachchha Ram Mandavi is in government service as Forest Guard. 9) The Apex Court in the case of Kaushlya Devi Vs Karan Arora and others (supra) while considering as to what would be the just and proper compensation for the death of a boy aged about 14 years held that compensation of Rs.1,00,000/- awarded by the Tribunal and affirmed by the High Court was just and proper compensation and the appeal preferred by the claimants for enhancement ofthe compensation was dismissed. 10) The dictum of the Apex Court in the case of Oriental Insurance Co. Ltd. Vs Syed Ibrahim and others (supra) relied upon by learned counsel for the insurance company is not applicable to the facts of the present case as in the present case, age of the deceased boy was about 12-14 years, whereas in the case of Oriental Insurance Co. Ltd. Vs Syed Ibrahim and others (supra) age of the deceased boy was about 7 years. 11) On due consideration of the submissions of learned counsel I 'v^s-"~ri'§ 1 M.A.No.233of2006 \^ ^ >£. for the parties and considering that the claimants' son Akash Mandavi @ Munna was aged about 12-14 years and was a student of 5 Standard, we are of the opinion that compensation of Rs.1,00,000/- would be just and proper compensation in the facts and circumstances of the present case. As the claimants have already received a sum of Rs.62,700/- as compensation under the impugned award, they are now entitled to get further amount of Rs.37,300/-. 12) The claimants are awarded further sum of Rs.2,700/- as quantified amount of interest on the enhanced amount of compensation of Rs.37,300/-. 13) For the foregoing reasons, the appeal filed by the appellants/ claimants for enhancement of the compensation is allowed in part. The compensation of Rs.62,700/- awarded by the Tribunal is enhanced to Rs.1,00,000/- with further quantified amount of interest of Rs.2,700/- on the enhanced amount of compensation of Rs.37,300/-. 14) Respondent No.3 the Oriental Insurance Company Limited is granted three months' time for depositing the totcfl sum of Rs.40,000/- (Rupees forty thousand only) (Rs.37,300/- towards enhanced amount of compensation + Rs.2,700/- towards quantified amount of interest on the enhanced amount of compensation of Rs.37,300/-) before the concerning Claims Tribunal. 15) No order as to costs. Sd/- ChiefJustice Sd/- N.K. Agrawal Judge subbu