1.. HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. HON'BLE SHRI RANGNATH CHANDRAKAR, J Appellants Ctaimants Misc Appeal (C) No. 155 of 2011 1. Nidhiram Chauhan, s/o. Bhagirathi Chauhan, aged about 42 years, occupation Labourer. 2. Smt. Jamuna Bai, w/o. Nidhiram Chauhan, aged about 40 years, occupation Housewife. Note: Appellants No. 1 and 2 are residents of village Bade Dumarpali, P.S. Kharsiya, Distt. Raigarh (CG). Respondents (Nonappticants) VERSUS 1. Naresh Kumar Yadav, s/o. Ghasiram Yadav, aged about 38 years, occupation Driving, r/o. Mahodapara, Raigarh, P.S. Jute Mill Chowki, Raigarh 2 Smt. Rinki Agrawal, w/o. Kishori Agrawal, Gondpara, Ring-road No.2, Raipur (CG). 3 Bajaj Allianz General Insurance Co. Ltd., Branch Office Raipur, through its Branch Manager. IVIiscellaneous Appeal under Section 173 of Motor Vehicles Act Present : Shri Ratan Pusty, learned counsel for the appellants. ORDER »th (8tnFebruary,2011) Shri Ratan Pusty, learned counsel for the appellants is heard on admission. qy »|i^^ ^..- 2) The appellants are seeking enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Raigarh (for short 'the Tribunal') vide award dated 25.09.2010, passed in Claim Case No.16/2009. 3) As against the compensation of Rs.35,98,000/- claimed by the appeljants/claimants, unfortunate parents of deceased child Mukesh @ Khageshwar Chauhan aged about 12 years in the motor accident on 16.10.2008, the Tribunal awarded a total sum of Rs.75,000/- as compensation along with interest @ 8% per annum from the date of the filing of the claim petition till the date of actual payment. 4) Shri Ratan Pusty, learned counsel for the appellants vehemently argued that the Tribunal has erred in awarding low compensation of Rs.75,000/- only though appellants' son Mukesh @ Khageshwar Chauhan would have extended great support to the appellants in their old age. 5) So far as the quantum of compensation is concerned, the Apex Court in the case of Oriental Insurance Co. Ltd. V. Syed Ibrahim and others reported in 2007 (4) T.A.C. 385 (S.C.) observed in paras 9 & 10: "9. This Court in Lata Wadhwa while computing compensation made distinction between the deceased children falling within the age group of 5 to 10 years and age group of 10 to 15 years. 10. In cases of young children of tender age, in view of uncertainties about, neither their income at the time of death nor the prospects of s &,...^:^'. ^ \.. vy ^l\ 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 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. V.Syed Ibrahim and others (supra), held that the compensation of Rs.51,5007- was just and proper compensation for the death of a child aged about seven years. 6) The compensation of Rs.75,000/- awarded by the Tribunat when examined in the context of the above quoted dictum of the Apex Court in the case of Oriental Insurance Co. Ltd. V. Syed (brahim and others (supra), and the fact that appellants' son Mukesh @ Khageshwar Chauhan was aged about 12 years only on the date of the accident, we are satisfied, is just and proper compensation and does not call for any enhancement in this appeal. ^i:-^, ,/ ^ .--.?^:. ^ y^s^^^- o? '''^^'•""^ 7) The appeal filed by the appellants/claimants for enhancement of the compensation, therefore, is liable to be dismissed and is hereby dismissed summarily. Sd/- ChiefJustice Sd/- R.N. Chandrakar Judge nlmmi f