^ twia^ COURT OF CHHATT8SGARH AT BILASPUR DIVSSION BENCH HON'BLE SHRI RAJEEV GUPTA, CJ. & HON'BLE SHRS RANGNATH CHANDRAKAR, J. Appellants Ciatmants LA.fQNo. 984 of 2007 1 Ishwari Sahu, S/o Chaituram aged about 40 years. 2 Kumari BaiW/o. Ishwari Sahu, aged about 35 years, Both 1 & 2 are R/o. Viliage : Kathiya, P.S. Kharora, distt. Raipur (C.G.) At present R/o. Village : Rishda, P.S. & Tahsi! Baioda Bazar, Qistt. Raipur (C.G.) VERSUS Respondents/ Non- 1 appSlcant before the Tribunal Decree Holder Sharad Kumar Verma S/o. Naresh aged about 23 years, R/o. VJIIage : Kathiya, P.S. Kharora, Distt. Raipur (C.G.) Owner of the offending vehicle. Shiiu Nirmalkar S/o. Sant Ram aged about 37 years, R/o. Village : Kathiya, P.S. Kharora, Di^tt. Raipur (C.G.) Driver ofthe Offending Vehlcle. 3. New India Insurance Co. Raipur, Distt. Raipur (C.G.) AppeaS under Section 173 of IVIotor Vehicles Act. 1988 Present: Shri C.R. Sahu, Searned counsei for the appeilants. ORDER (26m April, 2010) \.^ The foliowing order of the Court was passed by Rajeev Gupta, CJ. A Shri C.R. Sahu, learned counse! forthe appellants is heard on admission. 2) The appeilants are seeking enhancement of the compensation awarded by the First Additional Motor Accident Claims Tribunal, Baloda Bazar (for short 'the Tribunal') vide award dated 11.07.2007, passed in Claim Case No. 225/2006. 3) As against the compensation of Rs.20,02,000/- claimed by the appellants/claimants, unfortunate parents of deceased child Rishi Kumar, aged about 5 years, by filing a ciaim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 27.10.2006, the Tribuna! awarded a total sum of Rs.57,000/- as compensation along with interest @ 7% per annum from the date of flling of the claim petition till the date of actuai payment. 4) Shri C.R. Sahu, iearned counsel for the appeilants vehemently argued that the Tribunal has erred in awarding iow compensation of Rs.57,000/- only as the appellants' son deceased Rishi Kumar would have extended great support to the claimants in their old age. 5) The Apex Court while considering asto what woutd be the just and proper compensation for the death of a chi!d aged about 7 years in the case of Oriental Snsurance Co. Ltd. Vs Syed Ibrahim and others, reported in 2007 (4) TAC-385 (SC) observed in paras 9 & 10 : "9. This Court in Lata Wadhwa whiie computing compensatipn 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 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 their academic pursuits, achievements in career and thereafter advancement in life are so many that nothing can be assumed with rsasonable certainty. Therefore, neither is the income of the deceased child capable of assessment on sstimated 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. Vs Syed Ibrahlm and others (supra) held that the compensation of Rs.51,500/- was just and proper compensation for the death of a chiid aged about seven years. 6) Now revertjng to the present case, admittediy, the appellants' son Rishi Kumar was aged about 5 years on the date ofthe accident. The compensation of Rs.57,000/- 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. Ud., (supra),, we are satisfied, is just and proper compensation \A and does not call for any enhancement in this appea!. .^^ss& ^'^ss^ "^w^ 4 Kl iw 7) We, therefore, do not find any scope for enhancement of the compensation awarded by the Tribunai. 8) The appeal filed by the appellants/ claimants for enhancement of the compensation, therefore, is liabte to be dismissed and is hereby dismissed summarily. Sd/- Chief Justice Sd/- R.N. Chandrakar Judge subbu \.<