SS&fi GE N @) IN THE HIGH COURT OF CHHATISGARH AT BILASPUR fC.G.) ^si^9 Beoct MISC. APPEAL rciNo.:-M.C>5/20ll. APPELLANTS: - [plaimants] /• 'l. Tribhuwan Patel, Age-35 Yrs, S/0 Shri Shivprasad Patel, Smt. Maheshwari Patel, Age- 30Yrs, W/0 Shri Tribhuwan Patel, ^ Both the above appellant are:- ••-l"'^^. R/p V^llage- Pandarwahi, .^'" ^ P.S.- Sihawa, Tahsil- Nagri Distt. Dhamtari[C.G.] :VERSUS: RESPONDENTS:- .-(/Non-aDDlicants) ^ Dhanuram, Age- 30 Yrs. S/0 Prabhuram Sori, R/0 Village-Birrnasilli, P.S. Sihawa, Tahsil- Nagri Distt. Dhamtari (C.G.) [Driver ofTractor No.C.G./05/C/2803] Nand Kumar, S/0 Loknath Nag, R/0 Village-Ghatula, P.S. Sihawa, Tahsil- Nagri Distt. Dhamtari (C.G.) [Owner of Tractor NO.C.G./05/C/2803] 3: The Oriental Insurance Company Limited, Through- Branch Manager-Branch OfRce, Behind Amar Talkies, Dhamtari Tahsil & Distt. Dhamtari [C.G.] [Ins. Com. of Motorcycle No.C.G./05/C/2803] ^ MEMO OF MISCAPPEAL CLABMS UNDER SECTION 173 OF THE MOTORVEHICLE ACT.:- ® HIGH COURT OF CHHATTISGARH AT BIIASPUR MISC. APPEAL (Ci N0. 455 OF 2011 APPELLANTS : Tribhuwan Patel SClaimantsS Tribhuwan anofher and Versns RESPONDENTS (NQN-APPLICANTSJ Dhaai.iram and others. APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT, 1988 Klnsile Bemsht Hon'Ue Shri N,K. Aaarwfll. J. Present : Shri G.V.K. Rao, counsel for the appeUants. ORALORDBR (Passedon 20tl> day ofApril, 2011) Heard on I.A. No.Ol, application for condonation of delay tn fiUng the appeal. 2. On due consideration, the grounds mentioned in the application I am satisfied that fhe appeUants have succeeded in explaining fhe cause of delay in filing the appeal. Therefore, the application is aUowed and the delay caused in flltng the appeal is hereby condoned. 3. Heard on admission. 4. This is claunants' appeal seeking enhancement of compensation tn the aiaount awarded by Chief Motor Accident Claims Tribiinal, Dhamtari (for short the Tribunal) in the award dated 03-12-2010, passed in Claim Case No. 67/2010 whereby an amount of Rs.52,000/- has been awarded to the claimants for fhe death oftheir son aged about 4 years. 5. Brief facts of the case are: on 29-08-2008 at 2.00 P.M., deceased Wamandev Patel whUe comtng froin School was dashed by Tractor-troUey, beanng registration No. ^ .SfSSX ^•^ C.G. 05-C/2803 and TroUey bearing registration No. C.O. 05-0/2804, due to rash and negligent driving ofthe driver of the Tractor TroUey, as a resiilt of which he succumbed to the injuries sustamed in fhe said accident. 6. The claimants preferred an applicatlon before fhe Tribunal under Section 166 of fhe Motor Vehlcles Act, clatming compensation to the tune of Rs. 21,00,000/- on account of deafh of fhetr son in the said accident. 7. As agatnst Rs.21,00,000/- clanned by tfae claimants, the leamed Tribunal on a close scrutiny of evidence led, material placed and submissions made by fhe parties, held fhe accident occiirred due to rash and negligent dnvtng of fhe driver of the Tractor-TroUey awarded a sum ofRs.52,000/- as compensation ui favour of fhe claimants based on the judgment of Hon'ble the Supreme Court in the matter of Qrfental Insweince Co. Ltd. vs. Syed IbraMin cmd others, reported in (2007) 11SCCS12. 8. Leamed counsel for the appellant would submit: the amount awarded by fhe leamed Tribunal is shockingfy on lower side which deserves to be enhanced. 9. Indisputably, fhe deceased was aged about 4 years at the tirne accident. The_ amount of Rs.51,500/- awarded by leamed Tribunal in case of death of a chUd aged about 7 years has been held to be just and reasonable by Hon'ble fhe Supreme Court tn fhe case of Oriental Insuremce Co. Ltd. ias. Syed Ibrdhiin cmd others (supra). ^^g^^N<.; ^^"-•:-Si^^^ .^' <^. ''*•: ^®Si;_ ^ ..y y "•' -\ ^l '•BE1*" 'l i Kvr 10. In view of the atwve, I do not flnd any scope for enhancement of the amount of compensation m the unpugned award. 11. For the foregoing, the appeal being devoid of substance deserves to be and is hereby dismissed. Sd/- N.K. Aganval Judge