^ HON' !NHA. J. shuneshwar Sahu, aged about 32 years, son of Shrl Kartik Sahu, caste Teli, Occupation - Agriculture, resident- of Vittage Gharghora, Muhalla - Nawapara, PS Gharahora, Distt Raigarh (Chhattisgarh) Smt Kanti, wife of Shri Bhuneshwar Sahu, aged about 27 years, caste - Teli, Occupation - Dependent, resident of village - Nawapara, Gharghora, PS and Tah Gharghora, Distt Raigarh (Chhattisgarh) Jagnarayan Sahu, son of Shri iiharilal Sahu, aged about 30 years, occupation - Driver, resident Village Chatamura, P.S. Joot Miii, Raiaarh, Tahsil and distt Rai.qarh garh) ttiSf Smt. Tulsi Devi Agrawal, wife of Shri Ghanshyam Agrawal, Quarter No.LIG - 22, Housing Board Colony, Boirdadar, PS - ChaKradhar Nagar, Raigarh, Tah and Distt. Raigarh (CG) The Oriental Insurance Company Limited, Itwari Bazar (Nayaganj), Raigarh, Tah and Distt. Raigarh (Chhattisgarh) £SS33^ ^'^"^ - ^ ^'•...~::''Y'.^^''^ "'K 9 <S"S?i-£s%^ E ^ ^^/ ^^...A^'' Present: Shri Roshan Dubey, learned counsel on behalf of Shri G.K. Beriwal, iearned counsel forthe appellants. None for the respondents. (1st February, 2011) The following order of the Court was passed by This is claimants' appeal 'for enhancement of the compensation awarded by the First Additional Motor Accident Claims Tribunal, Raigarh, (for short 'the Tribiinal') vide award dated 29.10.2004, passed in Claim Case No.04/2004. 2) As against the compensation of Rs.38,59,000/- claimed by the appeliants/ claimants, unfortunate parents of deceased child Murlidhar Sahu, bv filin.q a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 19.11.2003, the Tribunal awarded a total sum of Rs.52,000/'- as compensation along with interest @ 9% per annum from the date of flllng of the ciaim petition till the date of actual payment. 3) Shri Roshan Dubey, learned counsel for the' appeltants vehemently argued that the Tribunal has erred in awarding low compensation of Rs.52,000/- only though deceasecj .Murlidhar Sahu would have extended great support to the appellants in their old age. 4) 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 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 distlnctlon 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 chitdren 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 determinatlon on estimated basis. The reason is that at such an earlv 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 reasonabfe certainty. Therefore, neither is the income of the deceased child capable of assessment on estimated basis nor is the financial loss by the parents capable of mathematical The Apex Court in the case of Orienta! Insurance Co. Ltd. Vs Syed ibrahim and others (supra) hetd that the compensation of Rs.51 ;500/- was just and proper compensation for the death of a child aaed about seven vears. ~5)^ Appellants' son Murlidhar Sahu admittedly was aged about 6-7 years on the date of the accident. The compensation of Rs.52,000/- awrarded by the Tribunal when examined in the context of the above-mentioned dictum of the Apex Court in the case of Oriental insurance Co. Ltd.; (supra), we are satisfied, is just and proper compensation and does not call for any enhancement in this appeal. 6) We, therefore, do not find any scope for enhancement of the compensation awarded by the Tribunal. 7) The appeal filed by the appellants/ claimants for enhancement of the compensation, therefore, faiis and is hereby nimmi 8) No order as to costs. Sd/- Chief Justice Sd/- _. ^ \ Suna^sinba judge -^^-