HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISIONBENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. HON'BLE SHRI N.K. AGARWAL, J. ^ Appellants Claimants Misc.ADpeal (0 No.1299 of2008 1 Phoolkumari Naik, widow of late Haricharan Naik, aged about 32 years 2 Ku Lata Naik, aged about 15 years, minor daughter of late Haricharan Naik 3 Ku Rama aged about 13 years, minor daughter of late Haricharan Naik Appellants No.2 and 3 are minors, through their natural guardian - mother - appellant No.1 (Phoolkumari Naik, widow of late Haricharan Naik) All are resident of Suri, PS Pussaur, Tahsil and Distt Raigarh (CG) VERSUS Respondents Defendants Nizamuddin son of Rasooluddin, occupation - driver aged about 49 yers, resident of Basanti Colony, Sadarkela, PS Uditnagar, Distt Sundergarh (Orissa) presently resided at Jagdamba Keshar Udyog Timarlaga, Sarangarh, Distt Raigarh (CG) (Driver of the offending vehicle) Kailash Agrawal, Prop Shri Balaji Road Carriers, through Prateek Goods Transport, Banstal, Raipur (CG) (Owner of the offending vehicle) Branch Manager, the Oriental Insurance Co. Limited, Branch Office, Raigarh CG (Insurer of the offending vehicle) .-^ 1 '% ^iiS^ 1 ^^ i ^sgs-^ MiscellaneQus appeal under Section 173 of the Motor Vehicles Act Present : Shri Roop Naik, counsel for the appellants. Shri Abhishek Sinha and Shri Varun Dubey, counsel for respondent No.3. ORDER (20th July,2011) The following order of the Court was passed by Rajeev Gupta, CJ. This js claimants' appeal for enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Raigarh (for short 'the Tribunal') vide award dated 16.04.2008, passed in Claim Case No.141/2006. 2) As against the compensation of Rs.25,00,000/- claimed by the appellants/claimants, unfortunate mother and sisters of deceased boy Manoj Kumar aged'about 11 years by filing a claim petition under Section 166 ofthe Motor Vehicles Act for his death in the motor accident on 21.06.2005, the Tribunal awarded a total sum of Rs.91,000/- as compensation along with interest @ 6% per annum from the date of filing of the daim petition till the date of actual payment. 3) Shri Roop Naik, learned counsel for the appellants vehemently argued that the Tribunal has erred in awarding low compensation of Rs.91,000/- only, though deceased boy Manoj Kumar would have extended great support to the claimants. \ ^•;. 'v-^'' ...'y 4) Shri Shri Abhishek Sinha and Shri Varun Dubey, counsel for respondent No.3, the Oriental Insurance Company Limited, the insurer of the offending vehicte Dumper on the other hand contended that as deceased boy Manoj Kumar on the date of the accident was not having any independent income of his own, the compensation of Rs.91,000/-, awarded by the Tribunal is just and proper compensation in the facts and circumstances of the case. 5) 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 Co. Ltd. V. Syed Ibrahim and others reported in 2007 (4) T.A.C. 385 (S.C.) observed in paras9& 10: "9. This Court in Lata Wadhwa 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 15 years. 10. In cases of young children of tender age, in view of uncertainties about, 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 uncertaintjes in regard to their academic pursuits, achievements in career and thereafter advancement in life 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 the case of Oriental Insurance Co. Ltd. V. Syed Ibrahim and others (supra), held that the compensation of Rs.51,500/- was just and proper compensation for the death of a child aged about seven years. 6) The compensation of Rs.91 ,000/~ awarded by the Tribunal when examined in the context of the above quoted dictum of the Apex Court in the case of Oriental Insurance Co. Ltd. V. Syed Ibrahim and others (supra), and the fact that deceased boy Manoj Kumar was aged about 1 1 years only on the date of the accident, we are satisfied, does not call for any enhancement in this appeal. 7) The appeal filed by the appellants/claimants for enhancement of the compensation, therefore, fails and is hereby dismissed. 8) No order as to costs. Sd/- Chief Justice Sd/- N. K. Agarwal Judge padma