s^ L. HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. HON'BLE SHRI RANGNATH CHANDRAKAR, J Appellants (Applicants) Respondents Defendants Misc. Appeal (C) No. 1119 of 2011 1 Sangeeta Bai w/o. Tahar Kumar, aged about 21 years. 2. Tahar Kumar s/o. Sahach Ram, aged about 26 years. Both r/o. village Shantipur,P.O. Dhuma, Tahsil - Kota, Distt. Bilaspur (CG). VERSUS 1 Shashikant Khajrwar s/o. Raj Kumar, aged about 23 years, r/o. village Maheshpur, Police Station Kashma, Distt. Gajiyabad. (Driver) 2 Sanjay Singh s/o. Hari Nandan Singh Thakur, r/o. vitlage - Deepika Korba, Distt. Korba (CG). (Owner) 3 Branch Manager, Bajaj Alliance Ltd., Company, V.R. Plaza, Link road, Bilaspur, Distt. Bilaspur (CG). (Insurer) Miscellaneous Appeal underSection 173 of Motor Vehicles Act Present : Shri G.P. Kurre, learned counsel for the appellants. ORDER (16th November, 2011) ^ • ' 'i r te'p-A ? •^g^. J Vfc^ ^^g^ MAC.No. 1119 of 2011 [^. The following order of the Court was passed by Rajeev Gupta, C.J. Shri G.P. Kurre, learned counsel for the appellantsis heard on admission. 2) The unfortunate parents of deceased boy Aditya Kumar (aged about 2 7z years) are seeking enhancement of the fcompensation awarded by the 4 Additional Motor AccidentClaims Tribunal, Bilaspur (for short 'the Tribunal') vide award dated 30.09.2011, passed in Claim Case No.134/2011. 3) As against the compensation of Rs.4,45,000/- claimed by the appellants/claimants, unfortunate parents.of deceased boy Aditya Kumar, by filing a claim petition under Section 163-A of the Motor Vehicles Act, for his death in the motor accident on 12.05.2009, the Tribunal awarded a total sum of Rs.75,000/- as compensation along withinterest @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 4) Shri G.P. Kurre, learned counsel for the appellants vehemently argued that the Tribunal has erred in awarding low compensation of Rs.75,000/- only as the appellants' son Aditya Kumar would have extended great support to his parents in their old age. 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. V. Syed Ibrahim v^y MAC.No. 1119 of 2011 ,3^ and others reported in 2007 (4) T.A.C. 385 (S.C.) observed in paras9& 10 : "9. This Court in Lata Wadhwa while computing compensation made distinction between the deceasedchildren 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, jn view of uncertainties about, 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. V. 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. 6) 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. V. Syed •••^ ^' L .^ i ^?.-^' -.',.'. "^:. 'y^' MAC.No. 1119 of 2011 Ibrahim and others (supra), and the fact that the appellants' son Aditya Kumar was aged about 2 Vi years only, we are satisfied, cannot be termed as inadequate so as to warrant 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 Sd/- R.N. Chandrakar Judge subbu