HIGH COURT OF CHHATTISGARH AT BILASPUR DiViSiQN BENCH CORAM: HON'BLE SHRl RAJEEV GUPTA, C.J. & HON'BLE SHRI RL JHANWAR, J. Appellants Respondents Misc Appeal N0.62/2086 1 Dharamdas slo Pirth Das Caste Satnami aged 39 years 2 Ram Kumari w/o Dharmdas aged about 33 years, R/o Vitiage Marukapa Thana Lalpur Tah Lormi Diatt Bitespui-(CG) Versus , 1. Raghunandan S/o Nohardas Satnami aged about 23 years Driver Commander Jeep hks.CG ia'ZA/0626 2. Ganesh Ram S/o Bharat Lal Sonale Caste Satnami Owner Commander Jeep No.CG 10/ZA/0626 Respondents No.1 &2 R/o Viliage Rampur Thsna Jarhsgaon Tah Uungels Distt Biiaspur (CG) 3. The New india Assurance Company Limited Rajendra N^ar Chowk, Bilaspur (CG) Aopeal under Section 173 ofthe MotorVehiclesAct. 1988 Present : Shri Avinash Mishra, counsel Tor the appellants. None for respondents No.1 S 2 fhough served. Shri Q Aziz, counsel for respondent No.3. ORDER (8th Juiy, 2009) The following order of the Court was passed by Rajeev Gupta, C.J. 9 ite»Es'n& 1 // Learned counsel for the parties are heard on MCP No.95/2006, a petition for condonation of the delay in fillng the appeal. 2) On due consideration, we are satisfled that the appellants have succeeded in showing sufficient cause for the delay in flling the appeal. 3) MCP No.95/2006, therefore, is allowed and the delay in filing the appeat is hereby condoned. 4) Learned counsel for the parties are hean'd on admission. 5) The appellants are seeking enhancement of the compensation awarded by the Second Additional Motor Accident Claims Tribunal, Mungell, Distt Bllaspur (for short, 'the Tribunal') vide award dated 18.03.2005, passed in Ctaim Case No.22/2004. 6) As against the compensation of Rs.3,51,000/-, claimed by the appellants / claimants, unfortunate parents of deceased Lukdas, a boy aged about seven years for his death in the motor accident on 07.03.2004, the Tribunal awarded totat sum of Rs.67,000/- as compensation along with interest @ 9% per annum from the elate of the filing of the claim petition, till the date of actual payment. 7) Shri Avinash Mishra, leamed counsel for the appellants vehemently argued that the Tribunal has erred in awarding low compensation of Rs.67,000/- only as deceased Lukdas would have extended support to the appellants / clalmants in their old age. 8) The Apex Court white considerlng as to what would be just and proper compensation for the death of a child aged about seven gssp.. n'iS ^ 9 ,i 'a^'''^' <uiteS=«S^ 3 years in the case of Ortental tnsurance Co. Ltd Vs Syed Ibrahim and others reported in 2007 (4) TAC 385 (SC) observed in paras 9and10: "9. This Court in Lata Wadhwa (2001) 8SCC 197, while computing compensation made distinction between the deceased children falling within the age group of 5 to 10 years and age group of 10 to 15years. 10. In cases of young children 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 early age, the uncertainties tn regard to their academic pursuits, achlevements in carrier and thereafter advancement in life are so many that nothlng can be assumed wlth reasonable certainty. Therefore, nelther is the income of the deceased child capable of assessment on estimated basis nor Is the financial loss suffered by the parents capable of mathematlcal computation." 9) Now, reverting to the present case, admittediy, claimants' son Lukdas was aged about seven years on the date of the 'accident. The compensation of Rs.67,000/- awarded by the Tribunal when examlned in the context of the above quoted dictum of the Apex Court in the Case of Onental Insurance Co. Ltd Vs Syed Ibrahim and others (supra), we are satisfled, does not warrant any enhancement in this appeat. 10) As we do not find any scope for enhancement of the compensation awarded by the Tribunal, the appeal is liable to be dismissed and is hereby dismissed summarily. Chief Justice Sd/- R.L. Jhanwar Judge padma