® HEGH COURT OF CHHATT!SGARH AT BILASPUR DIVI$ION BENCH . CORAM: HON’BLE SHRI RAJEEV GUPTA, CJ: 3w H0? ’BLE SHR§ SUML KwWAR SENHA, J. MisceHaneaus Appe&l (C) (PR) N0.2527 of 2&0? Appeiiants 1 , CMimamts = lshwar Sahu Sfo Radheshyam Sam, Occupation-agricuiture, aged about 3O years, Smt. Uma Sahu, W/o ishwar Sahu, Occupation - House Wife, aged abnut 26 years, Both R/o Vinage — PaterapaH, Post —— BK. Bahara, Police Station — Bagbahara, Tehsil & Disit‘ Mahasamund (C.G.) Versus RE$PONDENTS 1. Arun Kumay Pandey S/‘o $onadha¥ . NON CLAIMANTS Pandey, aged about 3O years, Occupation - driver, R/o ViHage — Chhata, Police Statron — Rajakhariyar (Orissa), Present Address — Sector-9, B.K.D. No.22, Bhilai, District -— Durg (C.G.) (Driver of Vehicie Bus bearing registration No.CG 04/E 3388) 2. Chandra Shekhar Kumar Singh S/o S P Singh, occupation — vehicle owner, R/o~ Prince Colony Laxmi Nagar Raipur, Districtl— Raipur (C.G.) (Registered owner of Vehicle Bus bearing registration No.C.G. 04/E 3388) The New lndia insurance Company Limited through Divisional Manager, Divisional Office, Kutchery Chowk, Raipur, Tehsil & District — Raipur (C.G.) (insurer of ,Vehiclec Bus bearing registration No. C.G. D4/E 3388} Memorandum of Appear Under Section 173 of the Motor ehicles Act, 1988 V h) @ / m4} Lt) K 'M3 0% Present : Shri Dharmesh Shrivastava, learned counse! for the appellants. O R D E R (4th September, 29%} The following order of the Court was passed by Rajeey Gupta, CJ. Shl’i Dhaymesh Shrivastava, learned counsel fer the appellents is heard on I.A.No.01i2008, an application for condonatlon of delay in filing the appeal. 2) On due consideration, LA. No.01i2008 is allowed and. the delay in filing the appeal is hereby condoned. ~ '3)> Learned counsel for the appellant is heard on admission. 4) The appellants, unfortunate parents of deceased girl Ku. Manju Sahu, aged about 5 years clalmed compensation of Rs.5,00,GGO/~ for her death in the motor accident on i 1 9.2006. 5‘) The Tribunal considering the age of the deceased and the other relevant factors awarded a total sum of Rs.t,02,00()f— as compensation along with. interest @ 6% per annum from the date of the flling of the olaim petition till the date of actual payment. 6} The compensation of Rs.1$02,000/— awarded by the Tribunal when examined in the context of the dictum of the Apex Court in the case of Oriental lnsurance Company Limited vs $yed lbrahim and others, reported ln 2007 (4) TAC 385 SC, wherein the amount of Rst ,52,0GO/— enhanced by the High Court was reduced by the Apex Court to Rs.51 ,SOO/— (awarded by the t Tribuna!) fer the death of a chiid aged about 7 years, we am satisfied, does not‘call for any enhancement in this appeal. ’ 3x$ \ ‘ 7) The appea!, therefore, is iiabie to be dismissed and is heWV- I i SKU- SKU- em. ‘‘..‘‘ i i 'SAuniiKumar Sinha