-A HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI N.K. AGARWAL, J. Misc. Appeal (C) No. 804 of 2008 Appellants Claimants 1 Smt. Kusum Bai, w/o Bhagwat Sahu, aged about 25 years, 2. Bhagwat Sahu, s/o Seetaram Sahu, aged about 27 years. 3. Ku. Nandani, d/o Bhagwat Sahu, aged about 03 years. Minor, through natural guardian mother Smt. Kusum Bai, w/o. Bhagwat Sahu All r/o Indrapuri Hirri, P.S. Hirri, district Bilaspur C.G. VERSUS 1. Rajendra Verma, s/o Prahalad Verma, aged about 25 years, r/o village Kalika Nagar Tifra, P.S. Civil Line, Bilaspur C.G. (Driver of vehicle No.C.G.10-C/0746) 2. Smt. Binu Nair, w/o Dinesh Nair, r/o village Vinoba Nagar, Bilaspur, P.S. Tarbahar, district Bilaspur, C.G. (Registered owner of vehicle NO.C.G.10-C/0746) 3 The Oriental Insurance Company Limited through Branch Manager, the Oriental Insurance Company Limited, Office Bus Stand, Bilaspur C.G. Misc. Appeal under Section 173 ofthe MotorVehicle Act. Respondents Present: Shri Rakesh Sahu, counsel for the appellants. Shri Sourabh Sharma, counsel for respondent No.3. -c^ Misc.'Appeal (C) No. 804 of 2008 ^^- ORDER (03rd August, 2011) The following order of the Court was passed by Rajeev Gupta, C.J. This is claimants' appeal for enhancement of the compensation awarded by the Third Additional Motor Accident Claims Tribunal, Bilaspur (for short 'the Tribunal') vide award dated 20.11.2007, passed in Claim Case No.210/2007. 2) As against the compensation of Rs.32,00,0007- claimed by the appellants/ claimants, unfortunate parents and sister of deceased girl Ku. Anjali Sahu, aged about 5 years, by filing a claim petition under Section 166 of the Motor Vehicles Act, for her death in the motor accident on 31.01.2007, the Tribunal awarded a total sum of Rs.75,000/- as compensation along with interest @ 7% per annum from the date of filing of theclaim petition till the date of actual payment. 3) Shri Rakesh Sahu, learned counsel for the appellants vehemently argued that the Tribunal has erred in awarding low compensation of Rs.75,000/- only. 4) Shri Sourabh Sharma, learned counsel for respondent No.3 the Oriental Insurance Company Limited, the insurer ofthe offending vehicle Truck, on the other hand, supported the award and contended that the compensation of Rs.75,000/- awarded by the Tribunal cannot be termed as inadequate so as to warrant enhancement in this appeal. 5) The claimants' daughter deceased Ku. Anjali Sahu was aged Misc. Appeal (C) No. 804 of2008 ^ about 5 years on the date of the accident. Her father Bhagwat Sahu was 27 years of age on the date of the accident. He was working as a cook in a hotel, earning Rs.4,000/- per month. 6) The Apex Court while considering as to what would be the 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 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 abound, neither their income at the time of death nor the prospects of 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. Vs Syed Ibrahim and others (supra) held that the compensation of Rs.51,500/- was just and proper compensation for the death of a child aged about seven years. ^.'"Ei^^ ^ 4 Misc. Appeal (C) No. 804 of2008 ^x 7) The compensation of Rs.75,000/- awarded by the Tribunal when examined in the context of the above quoted dictum of the Apex Court in the case of Oriental Insurance Co. Ltd., (supra) and the fact that the claimants' daughter deceased KuAnjali Sahu was aged about 5 years only, we are satisfied, does not call for any enhancement in this appeal. 8) The appeal filed by the appellants/ claimants for enhancement ofthe compensation, therefore, fails and is hereby dismissed. 9) No order as to costs. Sd/- Chief Justice Sd/- N. K. Agarwal Judge subbu