«?lt HIGH COURT OF CHHATTISGWW AT BILASPUR DIVISION BENCH Coram : HON'BLESHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI SUNIL KUMAR SINHA, J. APPELLANT: CLAilViANT Misc. Appeal No. 337 of 2003 1) Subhash Sharma, Aged about 47 yrs, S/o C.M. Sharma 2) Smt. Saroj Sharma, W/o. Subtesh Sharma, aged 40 years, R/o. Udyognagar, Bhanpuri, P.0. Blrgaon, Tahsil & Dist- Raipur (CG) Vereys 1} Jalandar Tandi, S/o. Navaji TarKli, R/o. Trimurthinagar, Near Shiv Mandir Tahsil & Dist- Raipur (C.G.) 2) Prakash Kumar, S/o. S.p. Vidhyarthy, R/o. MIG-5, Kabir nagar, Ring Road No.2, Hlrapur, Raipur (CG) 3) The New India Insurancs Company Ltd, Through: The DivlsioinaS Manager, The New India Insurance Co. Ltd., Jail Road, Raipur (CG) MISCELLANEOUS APPEAL UNDER SECTION 173 OT THE MOTORVEHICLEACT. 1988 RESPONDENTS: NON-APPLICANT Present: Shri AS Singraul, counsel for the appeBante. ORDER (30m September, 2008) The fQllowing order of the Court was passed by Rajeev Gupta, C.J.: The appellants are seeking enhancement of the compen^itiort awanJed by the 4th Additional Motor Accident Claims Tribunal (fbr short 'the Tribunal'), Raipur vide award dated TO.03.2003 passed in Claim Case No. 153/2001. s- ^isiiilias jj -wss 2) As against the compensation of Rs.10,04,000/- claimed by the unfortunate parents of deceased Priyanka Sharma, a giri aged about 7 years, by filing claim petition under Sectlon 166 of the Motor Vehicles Act for her death in the motor accident on 14.06.2001, the Tribunai awarded a total sum of Rs.65,000/- as compensation along with interest @ 9% per annum from the date of fillng of the claim petition till the date of actual payment. 3) Shri AS Singraul, leamed cousenl for the appellants vehementiy argued that the Tribunal has erred in awarding tow compensation of Rs.65,000/- only. 4) The compensation of Rs.65,0(X)/- awarded by theTribunal when examined in the context of the dictum of the Apex Gourt in the case of Oriental Insurance Company Llmited Vs Syed Ibrahim and others reported in 2007 (4) TAC 385 (SC), wherein compensation of Rs.51,500/- for the death of chiU age6 about 7 years was found to be appropriate, we are satefled, is just and proper compensation in the facts and circumstances of the present case. 5) We, therefore, do nrt find any scope for enhancement of the compensatlon awarded by the Tribunal. 6) The appeal, flled by the claimants for enhancement of the compensation awarded by the Tribunal, therefore, fails and is hereby dismissed summarily.^ Sd/- Chief Justice Sd/- '\ Sunii KiimarSinha j^ Judge ' :iacima