HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH il'BLE SHRI RAJEEV GUPTA, C.J. HON'BLE SHRI SUNIL KUIVIAR SINHA, J. Misc. Appeal No. 456 of 2005 Appellants 1 Smt Paramjeet Kaur, W/o Amarjeet Claimants Singh Jabbal, Age 39 years 2 Amarjeet Singh Jabbal, S/o BS Jabbal, Age 44 years Both R/o Behind petrol pump Abhanpur, Teh & Distt Raipur (CG) Respondents Non-ApDlicants Versus Janak Kumar, S/o Khogusingh Patel, Age 35 years, Truck Driver, R/o Umargaon, PS Sihava, Teh & Distt Dhamtari (CG) Charan Singh Arora, S/o PN Arora, Owner R/o Through, Puran Road Lines, Station Road, Raipur Tehsil & Distt Raipur (CG) The United India Insurance Co Ltd., Through, Divisional Manager, Divisionai Office, Kutehery Chowk, Jail Road, Raipur (CG) Misc. Aopeal under Section 173 of the Motor Vehicle Act Present : Shri Pawan Kesharwani, counsel for the appellants. Shri Dasarath Gupta and Shri Sanjay Gupta, counsel for respondent No.3. ORDER >nd (02naFebruary,2011) The following order of the Court was passed by Rajeev Gupta, C.J. E ;; '<SIS!l S "ia&w^> ^- ^••' This is claimants' appeal for enhancement of t;ie compensation awarded by the 13th Acfditionai Motor Accident Claims Tribunal, Raipur, (for shori: 'the Tribunal') vide award dated 03.02.2005, paised in Claim Case No.27/2004. 2) As against the compensation of Rs.7,00,000/-, claimed by the appetlants/claimants, unfortunate parents of deceased child Ronak Singh Jabbal, aged about 13years by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 24.11 .2003, the Tribunal awarded a total sum of Rs.60,000/- as compensatlon along with interest @ 7% per annum from the date of filing of the claim petition till the date of actual payment. 3) The Tribunal on a close scrutiny of the entire evidence led before it held that claimants' son Ronak Singh Jabbal died on account of the injuries sustained by him in the motor accident on 24.11.2003; the accident occurred due to rash and negligent driving of the offending vehicle Truck bearing registration No.CG-04/G 1190; as the above offending Truck, on the date of the accident, was insured with the United India Insurance Company Limited, and the Insurance Company could not establlsh any breach of the policy conditions, the Insurance Company was liable to pay compensation to the claimants. 4) As the respondents have not filed any appeat against the award, the above findings recorded by the Tribunal have now attained finality. C~^tX ^h. v 1 5) The Tribunal considering the age of the deceased and the fact that he was a student of 8th standard, awarded Rs.50,000/- for his death and Rs.10,000/- under other heads. The Tribunal, thus, awarded a total sum of Rs.60,000/- as compensation to the claimants for the death of their son Ronak Singh Jabbal in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.60,000/- @ 7% per annum from the date of the filing of the claim petition till the date of actual payment. 6) Shri Pawan Kesharwani, learned counsel for the appellants submitted that the Tribunal has erred in awarding low compensation of Rs.60,000/- only though claimants' son Ronak Singh Jabbal would have extended great support to the ciaimants in their old age. 7) Shri Dasarath Gupta and Shri Sanjay Gupta, learned counsel for respondent No.3 the United India Insurance Company Limited on the other hand supported the award and contended that, as deceased Ronak Singh Jabbal was not having any independent income at the time of the accident, the compensation of Rs.60,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) The claimants' son Ronak Singh Jabbal was aged about 13 years on the date of the accident. He was a student of 8th standard. 9) The Apex Court in the case of Oriental Insurance Co. Ltd. V. Syed Ibrahim and others reported in 2007 (4) T.A.C. 385 ^-^ ^^v; 4 padma (S.C.) found the compensation of Rs.51,500/- as just and proper compensation for the death of a child aged about 7 years. 10) The compensation of Rs.60,000/- awarded by the Tribunal when examined in the context of the above mentioned broad features of the case, in our opinion, is somewhat on the lower side and deserves to be enhanced to some extent. 11) Considering ali the relevant aspects of the matter, including the age of the deceased child Ronak Singh Jabbal and the fact that he was a student of 8th standard, we are of the opinion that further award of Rs.20,000/- inctusive of interest component on the enhanced amount of compensation would make the compensation of Rs.60,000/- awarded by the Tribunal as just and proper compensation in the facts and circumstances ofthe present case. 12) The appeal filed by the appetlants/claimants for enhancement of the compensation, therefore, is allowed in part. The claimants are awarded further sum of Rs.20,000/- inclusive of interest component on the enhanced amount of compensation, in addition to the sum of Rs.60,000/- awarded by the Tribunal. 13) Respondent No.3 the United India Insurance Company Limited is granted three months' time for depositing the total sum of Rs.20,000/- before the concerning Claims Tribunal. 14) No order as to costs. ___--———_— Sd/- ChiefJustice Sd/- SunilKumarSinha Judge p.t-I 'l