f—- ^ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISIONBENCH CORAM: HON'BLE SHRI RAJEEVGUPTA, C.J. & HON'BLESHRIRANGNATHCHANDRAKAR,J. Appellants Claimants Misc. Appeal (Cl No. 388 of 2Q11 1 Ramayan Prasad Verma, aged about 30 years, S/o Ramji Verma 2 Ku Shashi, aged about 11 years 3 Montu Verm^i, aged about 9 years 4 Avinash Verma, aged about 6 years Respondent No.2, 3 and4 are minor through their natural guardian father Ramayan Prasad Verma, Resident of Devnagar, Birkona, Koni, Bilaspur Permanent Resident of Village Pakariya, Tahsil Mungeli, District Bilaspur(CG) VERSUS Respondents Non-Claimants 1. Surendra Singh Kabbarwal, aged about 55 years, Resident of Santra Badi, Durg (CG) 2. Rafique Alam, aged about 29 years, S/o Fattealam, R/o Ward No.36 Nayapara, Bajrang Road, Durg (CG) 3. The New India Insurance Durg, Parakh Bhawan, StationRoad, Durg (CG) Through : New India Bus Stand, Bilaspur (CG) MISC. APPEALUNDER SECTION 173 (2) OF THE MOTOR VEHICLESACT.1988. .^•^ ..^ Present: Shri Malay Kumari Bhaduri, learned counsel for the appellants. ORDER (30th March, 2011) . The following order of the Court was passed by Rajeev Gupta, C.J. Shri Malay Kumar Bhaduri, learned counsel for the appellants is heard on admission. 2) The appellants are seeking ' enhancement of the compensation awarded by the 5 Additional Motor Accident Claims Tribunal, Bilaspur (for short 'the Tribunal') vide award dated 16.12.2010, passed in Claim Case No.70/2010. 3) As against the compensation of Rs.5,00,000/- claimed by the appellants/ claimants, unfortunate father, sister and brothers of deceased girl Ku. Suman, agedabout seven years, by filing a claim petition under Section 166 ofthe Motor Vehicles Act, for her death in themotor accident on 05.12.2009, the Tribunal awarded a total sum bf Rs.1,92,000/- as compensation along with interest @ 7.5% per annum from the date offiling oftheclaim petition till the date of actual payment. 4) Shri Malay Kumar Bhadun, learned counsel for the appellants vehemently argued that the Tribunal has erred in awarding low compensation of Rs.1,92,000/- only though \; . •" • ; deceased girl Ku. Suman was a-brilliant student and had a bright /- •future. . % C(. a: 5) 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." •I. The Apex Court in the case of Oriental Insurance Co. Ltd. Vs Syed Ibrahim and others (supra) held that the compensation pf Rs.51,500/- wgs just and proper compensation forthe death of a child aged about seven years. 6) The compensation of .Rs.1,92,000/- awarded by the / ^Tribunal when examined in the context of the above quoted T ^%:^ % f^ dictum of the Apex Court in the case of Oriental Insurance Co. Ltd., (supra), and the fact that deceased Ku. Suman was aged about seven years only, we are of the opinion, does not call for any enhancement in this appeal. 7) As we do not find any scope for enhancement of the compensation awarded by the Tribunal, the appeal filed by the appellants/ claimants for enhancement of the compensation is liable to be dismissed and is hereby dismissed summarily. Sd/- ChiefJustice nimm;{ Sd/- R.N. Chandrakar Judge