c ^. IN THE HON'BLE HIGH COURT OF CHHATTASGARH AT BILASPUR MA.©NQJiSi OF 2009 APPELANT- Qiaiment 1. Md. Ayub, S/o Md. Yakub age 32 years, ^\OJt1-''^ 2. Rajmunnisha, W/o Md. Ayub ^s^ ^^y'A^' ^•"y^ ;^;> /" ^' Respondents: - ^ (s Both R/o near old bus stand,Janakpur Hanumam Nagar, Thana purani Basti, Tah Bharatpur, Distt. Koriya (C.G.) VERSUS 1,. Gudda Khan @ SharifAhmed, S/o H. Ahmed, age 38 Years, R/o Ward no. 13, nearSantoshi Mandir, Manendragarh, (Non Applicant No. 1) 2. Shef Khan, S/o Abdul Aziz, age 26 years, R/o Ward no. 15, Manendragarh, Distt. Koriya (Non Applicant No. 2) 3. The Oriental insurance Company Ltd. Divisional Office First Floor, Rama Trade Centre, Rajiv Plaza, Near Bus Stand, Bilaspur, Distt. Bilaspur (C.G.) (Non Applicant No. 3) MISCELANEOUS APPEAL U/S 173 OF THE MOTORVEHICLE ACT.1988 .M T <fe\^' 'o^ SRT^? 'cET ^WF ^n 3ii^iv'^sw "^s? ^i^!d-4, ^Tll^4!®,{cll^l-yi< /v) ACC) f^o. //^/, ^lN^t^^W '^2007 aqn^T ^w (^i^^) 'R^YWef^Ta^ S.B. Hon'ble Shri Justice N.K. ap^ea! 07-09-2009 Shri Sanjay Agrawai, coun^ Heard on S.A. No.01, appi|i filing the appeal. 2. On due consideration, th^ defay of 155 days in filing the 3. Heard on admjssion. 4. This is ciaimants" appeai ^e dated 28-11-2008 passed by Additi|c (F.T.C.), Manendragarh In CIai?r| whereunder for the death of 5 year^ of Rs.51,500/- aiong with interest petjtion ti!l its actuai payment has b^e 5. Brief facts of the case are th< the accident dated 05-09-2007 whjch driving by the driver of bus bearing 6. CJaimants, the unfortunate appiication under Secfion 166 of tt Act')ciaiming compensation of Rs. the driver, owner and insurer of the ^rqfer^'HF^rf ^f fe^^^ ^ 5?fe^ <3?I^i aarwal el for the appellants. ;ation for condonation of deiay in appllcation is allowed and the ea! is hereby condoned. ^eeking enhancement of the award pna! Motor Accident Claims Tribunai Case No.20/2008 whereby and oid child Mohd. Danish, an amount t@ 6% per annum from the date of >^en awarded. ^t Mohd. Danish aged 5 years died in occurred due to rash and negjigent r^gistratlon No. CG-10 G/0195. p^rents of Mohd Danish preferred an Motor Vehicies Act (for short "the 44,50,000/- as compensation against ^us. >-T^€^^ 4P? 3I^S^4 ^Rf^TR—?;S/95—1/2008— 1,00,000. F 'm^iT^^iw -^^ ^iqi^q^ ^'ai^j^ [^<rlH^< ... AC^.^.,J.!.M^^ ^T?^T^ (^t3^?) ^fti^iwR^ri^ 'TOT a??i^^sNT ^'Kll^T ^%d ^ Z-- '^TRfeRfr;T 'HTR^if "^ l^t 1^?R '^''stfCT 3Tf^i \s ^ Kw 7. Learned Tribunal on a considering the fact that the deceajs refiance on the judgment in the c^ Umited vs. Syed Ibrahlm and awarded a sum of Rs.51 ,500/- ag^ the bus. 8. Shri Sanjay Agrawa!, learn| ^ submit that the tearned Tribunai ha| for the death of Mohd. Danish who 9. Having heard learned perused the record, 1 am of the awarded by the iearned Tribunal ss| of She Supreme Court in the ca^ Llmstedi vs. Syed Ibrahim and ot^ and is hereby dismissed summanfy| 10. No order as to costs. clo^ed scrutiny of the evidence and by sajsed was aged 5 years and by placing c^se of On'ental Insurance Company o^ers; reported in (2007) 4 T.A.C. 385 iinst the driver, owner and insurer of couhse! ^d counsel for the appeilants would i^ erred In awarding Jow compensation [^as agedSyears. for the appetiants and having lconsidered opinion that the amount jadequate and is in terms ofjudQment ^e of Oriental insurance Company ^ers (supra), the appeal has no merit |at the stage of admission. Sd/- N.K. Agrawal Judge ^7?^t7? ^4PT iI^f^T ^T^'TT^t^—FS/95—11 /2008—1,00,000.