\^ AT •B W iifaifB'^^IIB hi»»n.lW^^B KON'BLE SHRS SUNSL KUMAi ^* , ^. SSNKA, J. Ciaimants Shiv Kumar Yadav, S/o Biseshar Yadav, Aycd abouS 30 ysars, OccuDation Driver Smt Santoshi Yadav, W/o Shiv Kumar Yadav, Aged about 26 'y'ears Both residents of Village Navaaarh, rs:^»-;A* r^!!?-^ fr^ri UioliEk/'L L/uiy Appijcants lesh Kumar Jaiswal, S/o Bad Prssad Jaiswsi. Vehicie Driver, R; Village Babg Mohtra, Police Static s^*-/"-f*.Af^ r\.^^;^* n..^- //^f^\ E3i;i i idai ci, L/iiaU il^l U'uiy \\^\y) 2 Punitram Jaiswal, S/o Bakhariya Ram JaiStVal, Vehicie Ov/ner, R/o Navagarh Mandir Ward, Baiarpara, Tahsli Navagarh, PS Bsmetara, District Dur; (CG) 3 The Natlonal tnsurance Company Through Limitea, iranch Office Psi^s^^.^sri^ /P-r^' r\ciji iai juyavi i ^^J, Branch SVIanager, at Kamthiline, ><»» Present : Shri Abhishek Sharma, counsel for the appetlants. None for respondents No.1 S 2. Shri Dasarath Gupta, counsel for respondent No.3. ORDER (8th August, 2008) The foliowina order of the Court was passed 1 .Learned counsel for the parties are heard on MCP No.731/06, a petition for condonation of deiay in filing the appeal. 2) On due consideration of the submissions of learned counsel for the parties and the arounds taken in the petition, we are iatisfied that the appellants have succeeded in showing sufficient cause for the delay in filing the appeal. 3) MCP No.731/06, therefore, is allowed and the delay of three days in fliing the appeal is hereby condoned. 4) Shri Abhlshek Sharma, learned counsel;for the appellants is heard on admission. 3) The appellants are seeking enhancement of the compensation awarded by the First Additional Motor Accident Claims Tribunal, Rajnandgaon (for short, 'the Tribunal') vide award dated 29.08.2005, passed in Claim Case No.73/2004. 3) As against the compensation of Rs.15,50,000/- ctaimed by the appellants / claimants, unfortunate parents of deceased Raja Yadav, a child aged about 4 years by filing a claim petition under Section 166 of the Motor Vehicles Act for his death in the motor accldent on 29.03.2004, the Tribunal awsrded a total sum of Rs.75,000/- as compensation aiong with interest @ 9% per annum from the date of fiiing of the ciaim petltion till the date of actua! payment. 7) Learned counsel for the appellants vehemently argued that the Tribunal has erred in awarding low compensation of Rs.75,000/- onlv as deceased Raja Yadav was the on!y son of the 4 of Rs.51,500/- was just and proper compensation for the death of a chiid aged about seven years. 9) Now, reverting to the present case, the compensatlon of Rs.75,000/- awarded by the Tribunai when examined in the context of the above quoted dictum of the Apex Court in the case of Oriental Insurance Co. Ltd. V. Syed Ibrahim and others (supra) and the fact that the deceased child Raja Yadav was aged about 4 years onty, we are satisfied, is Just a'nd proper compensation and does not catl for any enhancement in thls appeal. We, therefore, do not find any scope for enhancement of the compensation awarded bvtheTribunai. 11) The appeal filed by the apDeliants/claimants for enhancement of the compensation, therefore, is iiable to be dlsmissed and is hereby dismissed summarily. Chief Justice Sd/- SunU Kumar Sinha Judge pejdma