X7.X© HIGH COURT OFCHHATTISGARHAT BILASPUR DIVISIONBENCH Coram : (Claimants) (Non-Applicants) <" j'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHR1 T.P. SHARWA, J. Misc. Appeal (C) No.410 of: 1. Sukh Sagar, S/o Aghiraji Sahu, Aged about 26 years. 2. Smt. Gomti Bai, W/'o Sukh Sagar Sahu, Aged about 24 years, Both R/o Viilage Sundravan, P.S. - Palari, Distt. Raipur (C.G.) Presently residina at Kalyan Sagar Para, Bhatapara, P.S. & Tehsit Bhatapara, Dist: Raipur (C.G.). Versus Rajendra Kumar @ Raju Sahu, S/o Guman Sahu, Aged about 36 years. (Driver of the offending vehtele Mini Bus NO.C.G.04E-0432) Through - Mukesh Agnihotri, S/o Dinesh Agnihotri, R/o Gandhi Mandir Nagar, Pandri Thana Mova, Raipur, Distt. Rajpur (C.G.) Mukesh Agnihotri, S/o Dinesh Agnihotri, Aged about 43 years, R/o Ravi Nagar, Raipur, Thana - Civil Line, Raipur (Owner of the offending vehicle N0. C.G. 04-E-0432) The New India Insurance Company Ltd. Through The Branch Manager, Branch Office - Baloda Bazar, Dist. Raipur (C.G.). (Insurance Company of the offending vehicle No. C.G.04E- 0432) '-itf MISCELLANEOUS APPEAL UNDERSECTION 173 OF THE MOTORVEH1CLES ACT 1988 Present: Shri A.S. Rajput, learned counsel for the appellants. None for respondent No.1 though served. Shri Vimlesh Bajpai, learned counsel for respondent No. 2. Shri Anand Gupta, learned counsel for respondent No.3. (27th October, 2009) The following order of the Court was passed by Rajeev Gupta, C.J.: This is claimants' appeal for enhancement of the compensation awarded by the Additionai Motor Accidents Claims Tribunal, Bhatapara, Dlstrict Raipur (for short "the Tribunal") vide award dated 19.12.2006, passed in Claim Case No. 27/2006. 2. As against the compensation of Rs.6,00,000/- claimed by the appetlants/ claimants, unfortunate parents'of deceased Devendra Kumar Sahu, aged about six years by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 06.05.2006, the Tribunal awarded a total sum of Rs.1,50,000/- as compensation along wlth interest @ 9% per annum from the date of filing of the claim petition till the date of actual payment. 3. Shri A.S. Rajput, iearned counsel for the appellants vehemenUy argued that the compensation, of Rs.1,50,000/- awarded by the Tribunal is too low as the appellants' son deeeased Efc <s) Devendra Kumar Sahu woutd have extended great support to the appeliants/ claimants in their old age. 4. Shri Anand Gupta, learned counsel for respondent No.3, New India Insurance Company Limited, on the other hand contended that the Tribunal has been (^uite liberal in awarding excessive amount of Rs.1,50,000/- as compensation to the claimants. 5. Shri Vimlesh Bajpal; learnedcounsel for respondent No.2, the owner of the offending vehicle also supported the impugned award. 6. The Apex Court while considering as to what would be the just and proper compensation for the death of a chiid aged about seven years in a motor accident, 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 children faiiing within the age group of 5 to 1O years and age group of 10 to 15 years. 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 determination on estimated basis. The reason is that at such an early age, the uncertainties in regard to thelr academic pursuits, achievements in carrier and g) thereafter advancement in tife 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." The Apex Court in view of the above observations held that the compensation of Rs.51,500/- was just and proper compensation for the death of a child aged about seven yeare. 7. Now, reverting to the present case, admittedly the appeilants' son Devendra Kumar Sahu was aged about six years on the date of the accident. The compensation of Rs.1,50,000/- awarded by the Tribuna! 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, does not cail for any enhancementin this appeat. 8. The appeal filed by the appellants/ ciaimants for enhancement of the compensation, therefore, is liable to be dismissed and is herebv dismissed. 9. order as to costs. Sd/- ChiefJustice Sd/- T.P.Sharma Judge ^ subbu