Sl HiGH COURT OF CHHATTISGARH AT BILASPUR HON'BLE SKR! T. .SHARMA, J. C! Kumar S/o Alharam, Aged about 27 years, through : his Next Friend/wife Shyam Kumari W/o. Kumar Winjhwar, Aged about years ^Ct zo Shyam Kumari @ Lata Bai, W/o. Kumar Winjhwar, Aged about 27 years, Both above R/o. village Kushpali, Poiice Station Bagbahra, Present R/o Aamgaon, Police Station & Tahsil Kasdo!, District Ralpur (CG) Ramdhan Pateshwar, S/o Kanhaiyaia! Gond, R/o Loritkhar, Police Station Kasdol, District laipur (CG) Drlver of offending Vehicle Tractor & Troiley No. CG-06/3997 & 3998 Keshbo S/o. Dasi Pradhan, R/o Viiiage Khairkhuda, Police Station Pithora, District RalDur (CG) Reglstered owner of offending vehicie Tractor & Troliey No. CG - 06/3997 & 3998 Ifco Tokiyo General Insurance Company Limited, Third Floor, Shop No.345, 347 Lalmei Shopping Mal, GE Rosd, Raipur District Raipur (CG) Insurer of offending vehicle Tractor & Trotiey No. CG/06/3997 & 3998 ^n: iscADDeaLunder_SectSon 173 ofthe Motor vehicSe Act198! fi Present : Shri Manoj Paranjape, and Shri V.A. Govardhan, leamsd counset for the appeiiants. -v"f- The fol /97th Mar'-h 9nn»l ^SaS ITlKB^rBI^ ^^^•Wf order of the Court was passed bv iy ailowing !.A. No.2/2009, the documents filed aiong with this application are taken on record. 2) Learned counsel for the appellants are heard on I.A. No.01/2009, an appiication for condonation ofthe delay in filing the appeai. 3) On due consideration, I.A. No.01/2009 is aliowed and the detay ofthree days in flling the appea! is hereby condoned. 4) Learned counsel for the appeilants are heard on admission. )) The appellants are seeking enhancement of the compensation awarded bv the Second Additional Motor Accident Claim Tribunal, Baloda Bazar (for short, "the Tribunal") vide award dated 30.06.2008, passed in ciaim case No.51/2007. 6) As against the compensation of Rs.4,30,000/- ctaimed by the appellants/claimants by filing a claim petition under Section 166 of the Motor Vehicles Act for the death of their son Lakhan iinjhwsr, aged about 5 years in the motor accident on 20.05.2007, the Tribunal awarded a total sum of Rs.73,000/- as compensation along with interest @ 8% per annum from the date of filing of the c^im petition tili the date of actual payment. 3 7) Learned counsel for the appeilants vehement'y argued that the Tribunal has erred in awarding low compensation of Rs.73,000/- only, as the appeliants' son Lakhan Binjhwar would have extended areat support to them in their o!d a.ae. 3} The compensation of Rs.73,000/- awarded by the Tribunai, when examined in the context of the dictum of the Apex Court in the case of Oriental Insurance Co. Ltd. V. Syed Ibrahim and others reported in 2007 (4) T.A.C. 385 (S.C.), and the fact that the appellants' son Lakhan Binjhwar was aged about 5 years only, we are satisfied, is just and proper in the facts and cireumstances of the present case. 3) We, therefore, do not find any scope for enhancement of the compensation awarded by the Tribunal. 10) The appeal, therefore, is liable to be dismissed and is hereby dismissed summarilv. — — — - Sd/- ChiefJustice Sd/- T.P. Sharma Judge