?"i i s, v.;i^,&-=-<^: ;.„'...-^giMin v HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH Coram : HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRi SUNiL KUM^W SiNHA, J. Misc. Appeal No. 26 of 2006 APPELLANTS CEaimants RESPONDENTS 1. Kalesh Das S/o Ramdas Manikpuri, aged 35 years. 2 Malti Bai W/o Kalesh Das, aged about 30 years. Both are resident of village Mahuwar Khar, Tahsil and Police Station Kota, [Kargi Rpad], Distrlct Bilaspur [C.G.] Versus 1. Mahesh S/o Gandhl Gond, aged about 35 years, R/o Mohaite Bandhwapara Kota [Kargi Road] present R/o Devargaon Pakariya Road, Gorela, Tahsil and Police Station Gorela, District Bilaspur [C.G.j 2. Vijay Kumar Gupta S/o Ramlal Gupta, aged about 50 years, R/o Rest House Road Gorela, Post Pendra, Police Station Gorela, District Bilaspur [C.G.] 3. The New India Assurance Company Limited, Branch Bilaspur, Rajendra Nagar, Biiaspur [C.G.]. IMiSC. APPEAL UNDER SECTION 173 OF THE MOTORVEHICLE ACT. 1988 Present: Shri Ravish Verma, tearned counsel for the appellants. None for respondents No. 1 & 2. Shri Shailendra Sharma, learned counsel for respondent No.3. ORDER (03rd July, 2009) The following order of the Court was passed by Rajeev Gupta, C.J.: The appeal filed by the appellants in the year 2006 for enhancement of the compensation awarded by the Tribunal in 2001 is reported to be hopelessly time-barred by as many as 1511 days (about five years). 2. Learned counsel for the parties are heard on admission. 3. The appellants are seeking enhancement of the compensation awarded by the Fifth Additional Motor Accidents Claims Tribunal, Bilaspur (for short "the Tribunal") vide award dated 21.08.2001, passed !n Claim Case No. 90/2001. 4. As against the compensation ot Rs.35,00,000/- claimed by the appellants / claimants by filing a claim petition under Section 166 of the Motor Vehicles Act for the death of their minor son Uttam Das Manikpuri, aged about 8 years and a Cow in the motor accident on 17.05.2000, the Tribunal awarded a total sum of Rs.57,000/- as compensation for the death of their son Uttam Das Manikpuri and Rs.5,000/- for the death of Cow, along with interest @ 9% per ann.um from the date of filing of the claim petition till the date of actual pavment. $, Shri Ravish Verma, iearned counsel for the appeltants vehemently argued that the compensation of Rs.57,000/- awarded by the Tribunal for the death of appellants' son Uttam Das Manikpuri is too low as he would have extended support to the aDDellants in their otd aae. .^SSS^'K,. ^^^s^. %'. "^. '"^.'St g 'S fS . 1to<^' ;&,,..-.,<•(!>"• 6. The Apex Court while considering the amount of 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 and others reported in 2007 (4) T.A.C. 385 (S.C.) observed in paras 9 and 10 : "9. This Court in Lata Wadhwa (2001) 8 SCC 197, while computing compensation made distinction between the deceased chiidren falling within the age group of 5 to 10 years and age group of 10 to 15 years. 10. In cases of young chitdren of tender age, in view of uncertainties abound, neither their income at the timeof 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 carrier 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." ^^ 7. Now, reverting to the present case, the appellants' son Uttam Das Manikpuri was aged about 8 yeare on the dateof the accident. The compensation of Rs.57,000/- awarded by the Tribunal when examined in the context of the above quoted observations of the Apex Court in the case of Oriental Insurance Co. Ltd. v. Syed Ibrahim and others (supra), we are satisfied, is just and proper compensation in the facts and circumstances of the present case. The compensation of Rs.5,000/- awarded by the Tribunal for the death of appellants' Cow in the accident also does not call for any enhancement. 8. The appeal filed by the appellants for enhancement of the compensation, therefore, is dismissed summarily on merits notwithstanding that it is hopelessly time-barred by about five years. 9. Consequentiy, M.C.P. No. 38/2006 also stands disposed of. Sd/- Chief Justice Sd/- SunU Kumar Sinha Judge nimmi