HIQH COURT OF CHHATTISGARH AT BILA8PUR blVISIONBENCH CORAM: HON'BLE SHRI RAJEEV OUPTA, CJ. HON'BLE SHRI RANGNATH CHANDRAKAR, J Aopellants Claimants Misc Appeal (C) No.1808 of ^)08 1 Usat F^im, age 35 years, S/o Dyaram Vishal 2 Smt Balmoti bai, Age - 32 years, w/o Shri Usat Rara Both the above appellants are R/o Village -- Sankara, PS Basna, Tahsil & Distt Mahasamund (CG) Respondents Non-applicants VERSUS Goutam Kumar Pradhan, S/o Somanto Pradhan, Age - 25 yere, R/o Village Singhupali, PS Singhupara, Distt Sambalpur (Orissa) (Driver of truck No.WB-23-A-4^9) Manju Prasad, S/o Aslno Kumar, R/o 71/3, Neemchand Mega Street, Kolkata - 35, Distt Kolkata (WB) (Owner of Truck NO.WB-23-A-4699) The New India Insurance Com. Ud., Djvjsional Office at Madina Building, jait Road, Raipur Distt Raipur (CG) (Insurance Company of Truck No.WB- 23-A-4699) Miscellaneous Appeal under Sectfon 173 of Motor Vehicles Act Present : Shri JA Lohani and Shri ©VKRao, counsel for the appellants. Shri Sreekumar Agrawal, Senlor Coureel wlth Shri P Dutta. counsel for respondent hto.3. ;^^^^ '^•^ "\ <f e " ^ m'-m^^ 1\ '^.^y. i"t%..3" .....^'s' '^':^^^'" ^i ORDER (05th July, 2011) The following order of the Court ws® passed by Rajeev Oupta, C.J. This is claimants' appeal for enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Mahasamund (for short 'the Tribunal') vide award dated 02.02.2008, passed in Claim Case No.73/2007. 2) As against the compensation of Rs.8,10,000/- clatreed by the appellants/claimants, unfortunate parents of deceased boy Raju @ Sanjay aged about 9-10 years by filing a claim petition wder Section 166 of the Motor Vehicles Act for his death in the rnotor accident on 27.05.2007, the Tribunal awarded a total sum of Rs.1,02,000/- as compensation along with hiterest @ 6% per annum from the date of filing of the claim petition till e ctate of actual payment. 3) Shri J.A. Lohani and Shri GVK Rao, teamed counsel for the appellants vehemently argued that the Tribunal has erred in awarding low compensation of Rs.1,02.000/- only though the appellants' son Raju @ Sanjay would have extended great support to the appellants in their old age. 4) Shri Sreekumar Agrawat, learned Senior Counsel with Shri P Dutta, learned counsel for responderrt No.3 the New India Insurance Company Limited, the insurer of the offending vehicle Truck on the other hand contended that the Tribunal has tiberalty '^.. ,« '^ i o^ awarded excessive sum of Rs.1 ,02,000/-, as compensation to the claimants. 5) The daimants' son deceased Raju @ Sanjay was aged about 9-10 yeare on the date of the accldent. He wa®a student <rf 2nd Standard. His father claimant No.1 Ussd Ram was a shop keeper, aged about 35 years, whereas his mother, claimant No.2 Smt Balmoti Bai was aged about 32 years. 6) 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 Go. Ud. V. Syed Ibrahim and others reported in 2007 (4) T.A.C. 385 (S.C.) observed in paras 9 & 10: "9. This Court in Lata Wadhwa white computing compensatton made distinction between the deceased children falliog within the age group of 5 to 10 years and age group of 10 to15years. 10. In cases of young children of tender age, in view of uncertalnties about, netther their income at the time of death nor the prospects of the future Sncrease 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 academte pursuits, achievements in career and thereafter advancement in life are so many that nothing can be assumed wifh reasonable certainty. Therefore, neither is the income of the ^y^ ^y"^ '" :^Sh^ '^ ^ ^' 4 deceased child capable of assessment on estimated basis nor is the financial toss sufferetf by the parents capable of mathematical computation." The Apex Court in the case of Orientat 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. 7) The compensation of Rs.1 ,02,000/- 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 the appellants' son, deceased Raju @ Sanjay was aged about 9-10 years only on the date of the accident, we are satisfled, does not call for any enhancement in this appeal. 8) As we do not find any scope for enhancement of tie compensation awarded by the Tribunal, the appeal filed by the appellants/claimants for enhancement of the compensation is liable to be dismissed and is hereby dismissed. 9) No order as to costs. Sd/- Chief Justice Sd/- R.N. Chandrakar Judge padma