COURT OF CHHATTSSGARH AT BJLASPUR DiVISION HON'BLE SHRS RAJEEV GUPTA, C.J. & hlON'BLE SHRI SUISiSL KUS^.AR SSNHA, J. ^ Appellants Clalmants JVIssc Appeal No.968 of 2003 1 Ishwarlai S/o Gonduram, Caste - Mahara age 33 years ' 2 Smt Laxmi W/'o ishwarial Caste JVlahara age 30 years Both resident of Kotwarpara Parapa PS Parapa, Tahsii Jagdalpur District - Bastar (CG) Respondents Non-appiicants ^..- Vejsus 1 Jaswant Slngh, s/o Buta Singh, Caste - Punjabi, age 55 years, resident of Bangaii Camp Kirandu! PS Kirandui Dlstrict - Dantewada (CG) 2 MP ishu S/o Vargis, caste Christian age 52 years resident of RaiEvvay Coiony Quarter No.72 B Type 2 D Kirandui District - Dantewada (CG) 3 The Orienta! insurance Co. Branch Office Main Road Sadar Bazar, JagdaSpur, Distt Bastar (CG) Misceljatieous AppeaS under Section 173 ofthe jyiotor VehicSe Act Present : Stiri Subhash Yadav, counsei for the appeiiants. None for respondents No.1 and 2 though served. Shri Raj Awasthi, counsel for respcndent No.3. ORDER »th (2SmAugusS,2010) A ^^^^^ (^ The following order of the Court was passed by Rajeev Gupta, CJ. The unfortunate parents of deceased Padamlal are the appeliants before us in this appeal for enhancement of the compensation awarded by the Second Addltiona! Motor Accident Claims Tribunai, Jagdaipur, (for short 'the Tribunal') vide award dated 25.07.2003 passed in Claim Case No.178/2002. 2) The ciaimants claimed compensation of Rs.6,69,800/-, by filing a claim petition under Section 166 of the Motor Vehicles Act, for the death of their son Padamiai jn the motor accident bn 18.12.2001, when he was dashed by the offending vehicle Truck bearing registration No.M.P.23DA/5146, resulting in his instantaneous death on the spot itself. 3) The Tribuna! on a close scrutiny of the entire evidence ied before it held that dalmants' son Padamla! died on account of the injuries sustained by him in the motor acddent on 18.12.2001; the accident occurred due to rash and negligent drivina of the driver of the offending vehlcJe Truck bearing regtstration No. M.P. 23DA/5146; as the offending vehicie Truck on the date of the accident was insured with the Orientai tnsurance Company Llmited, the Insurance Company was liabie to pay compensatlon to the claimants. 4) The Tribunai considering the age of the deceased and other relevant factors awarded a tota! sum of Rs.75,000/- as compensation to the ciaimants. The Tribunal further directed payment of jnterest on the above amount of compensation of \ ^. ^.^s^^%.\ ' i|,^l|S^. 1 Vtj.l ^-.^ w Rs.75,000/- @ 9% per annum from the date of the fiilng of the ciaim petition tili the date of actuai payment. 5) Shri Subhash Yadav, iearned counsel for the appellants submitted that the Tribunal has erred in awarding !ow compensation of Rs.75,000/- only, as the deceased woutd have extended great support to the appeiiants/ claimants In their oid age. Learned counsei furthef submitted that the deceased was the only son ofthe appeliants and now they have four daughters oniy. 6) Shri Raj Awasthi, learned counsel for respondent No.3 the Orienta! Insursnce Company Llmited on the other hand supported the award and contended that as deceased Padamlai was aaed about 14-15 years only, the compensation of Rs.75,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 7) Deceased Padamia! was aged about 14-15 years on the date of the accident. He was studying in 8th standard. It has come in the evidence that the deceased was a briiliant student. 8) The compensation of Rs.75,000/- awarded by the Tribunal when examlned in the context of the above mentioned broad features of the case, in our opinion, is certalnly on the iower slde and deserves to be enhanced surtably. 9) Considering alJ the relevant aspects of the matter, we are of the opinlon that further award of Rs.60,000/- Inciusive of interest component on the enhanced amount of compensation would make the compensation of Rs.75,000/- awarded by the Tribunat as just wwm^W^w^^^w^,^^^^^-^^^^,^^^;^^^^^ .-1"-^. y5:l x -.-, Y. ) "-"V padma and proper compensation in the facts and circumstances of the present case. 10) The appeal fiied by the appejiants/cialmants for enhancement of the compensation, therefore, is allowed in part. The ciaimants are awarded further sum of Rs.60,000/- inclusive of interest component on the enhanced amount of compensation In addition to the sum of Rs.75,000/- awarded by the TribunaE. 11) Respondent No.3 the Oriental insurance Company Limited is granted three months' time for deposjting the totai sum of Rs.60,000/- before the concerning Claims TribunaS. 12) No order as to costs. j Sd/- Chief Justice Sd/- Sunil Kumar Sinha Judge Y...