./" .'• T\ HIGH COURT OF CHHATTSSGARH AT BILASPUR DiVISION BENCH CORAtVI: HON'BLE RAJEEV GUPTA, C.J. & HON'BLE SHRS RANGNATH CHANDRAKAR, J. Misc. ADpeal (C) No. 1607 of2009 AopeS!ants lll»-N11^ RespQndents 1. 2. Bhagirathi Sahu, S/o. Ramkhilawan Sahu, aged about 35 years. Smt. Sukwaro Bai, w/o. Bhagirathi Sahu, aged about 30 years. Both r/o. Viliage - Khutachhuriya, post and PS Chhuriya, District Rajnandgaon (CG). VERSUS Anand Kumar Yaday, s/o. Ramratan Yadav, R/'o. Viliage Aalampur (Soniyapai), P.S. Khanpur, District Gajipur (UP). At present R/o. Vijay Nagar, Kalmna, Post and P.S.Nagpur, District Nagpur (Maharastra). M/s. X.P.S., A-Division of T.C.I. Limited, Near Koper Viliage Bus Stand, T.C.E, Compound, Bhinwari Road, Thane (Maharastra). Nationai Insurance Company Limited, First Floor-108 Pifjka Bhav^an, Sector-13, Rjng Road, R.K. Puram, NewDethi. Through: Branch Nationai insurance Limited, Branch Rajnandgaon (CG). Manager, Company Kamthiline, Niscelianeous appeaS U/s 173 of the Motor Vehicles Act 1988 Present: Shri AC Sahu and Shri Rakesh Sahu, counsel for the appeilants. ORDER gth (04tn January, 2010) The foilowing order of the Court was passed by Rajeev Gupta, CJ. Shri AC Sahu and Shri Rakesh Sahu, learned counsel for the appeiSants are heard on SA No.1/2009, an appllcatlon for condonation of the delay in fiiing the app^^ ^ 2) On due consideration of the submissions of learned counsel for the appeliants and the grounds taken In the appiication, we are satisfjed that the appeiiants have succeeded in showing sufficient cause for the delay in flling the appeaj. 3) !A No.1/2009, therefore, is ailowed and the delay in filing the appeal is hereby condoned. 4) Shri AC Sahu and Shri Rakesh Sahu, learned counsei for the appellants are heard on admission. 5) The appeliants are seeking enhancement of the compensatlon awarded by the Additional Motor Accident Ciaims Tribunal, Rajnandgaon (for short 'the Tribunai') vide award dated 20.04.2009, passed in Ciaim Case No.92/2008. 6) As against the compensation of Rs.15,70,000/- claimed by the appellants/ ciaimants, unfortunate parents of deceased chitd Himancha!, by filing a ciaim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 14.04.2008, the Tribunal awarded a total sum of Rs.57,500/- as compensation aiong with interest @ 6% per annum from the date of filing of the ciaim petition tii! the date of actual payment. v 7} Learned counsei for the appellants vehementiy argued that the Tribunal has erred in awarding iow compensation of Rs.57,500/- oniy as deceased child Himanchal wouid have extended great support to the appeilants in their oid age. 8) The Apex Court while considering as to what would be the amount of 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 chiidren falling within the age group of 5 to 10 years and age group of 10 to 15 years. 10. In cases of young children ot' tender age, in view of uncertainties abound, neither their income at the time 6f death nor the prospects of the future increase in their income nor chances of advancement of their career are capabie of proper determination on estimated basis. The reason is that at such an eariy 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 reasonabie certajnty. Therefore, neither Is the income of the deceased child capabie of assessment on estlmated basis nor is the financiai ioss suffered by the parents capable of mathematicai computatlon." - The Apex Court in the case of Oriental Insurance Co. Ltd. Vs Syed Ibrahim and others (supra), held that the t...,...^. %, || :%i®f|g!|S|^ % ^:m> ^ :&"^8 3 -....^' ^^-^' ^^ compensatlon of Rs.51,500/- was just and proper compensation for the death of a child aged about seven years. 9) Now reverting to the present case, admittedly the appeiiants' son Himanchaf was aged about 6 years on the date of the acddent. The compensation of Rs.57.500/- awarded by the Tribunal when examined in the context of the above quoted dictum of the Apex Court in the case of Oriental Snsurance Co. Ltd., (supra) and the fact that deceased chiid Himanchal was aged about 6 years only. we are satisfied, is just and proper compensation and does not cal! for any enhancement in this appeal. 10) We, therefore, do not find any scope for enhancement of the compensation awarded by the Tribunai. 11) The appeal filed by the appellants/ claimants for enhancement of compensation, therefore, is liabie to be dismissed and is hereby dismissed summarily. —- subbu Sd/- Chief Justice Sd/- R.N. Chandrakar Judge