HIGH COURT OF CHHATTISGARH AT BILASPUR DJVISIONBENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. Appellants Clasmants Respondents Non-cSalmants Misc. Appeal (Cl No.1401 of 2009 1. Hemant Das S/o Late Shri Ramuram aged about 31 years 2. Smt Ulfi Bai W/o Shri Hemant Das aged about 29 years Both are residents of viilage - Amri, Post - Kalie, Tahsii - Kurud, Distt Dhamtari (CG). VERSUS 1. Saleem Bhai S/o Shri Abdul Majid Musalman, aged about 50 years, R/o Village - Gauri Nagar Rajnandgaon, Tahsil and Distt Rajnandgaon (CG) 2. Gurucharan Singh Bhatiya S/o Fatte Singh Bhatiya, aged about 50 years, R/o Behind Stadlum Rajnandgaon, Tahsil and Distt Rajnandgaon (CG) 3 The New India Insurance Co. Ltd. Thakkar Bhawan, GE Road Bhilai Distt Durg (CG) Miscelganeous appeal U/s 173 ofthe Motor VehicSesAct 1988 Present: Shri Sunil Sahu, counsel for the appeiiants. ORDER (9th December, 2009) The fotlowing order of the Court was passed by Rajeev Gupta, C.J. Shri Sunil Sahu, learned counsel for the appellants is heard on admission. 2) The appeliants are seekjng enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Dhamtari (for short 'the Tribunal') vide award dated 06.08.2009, passed in Claim Case No.187/2008. 3) As against the compensation of Rs.7,50,000/- claimed by the appeliants/ claimants, unfortunate parents of deceased Shahit Das, a mjnor boy aged about 7 years, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 10.05.2008, the Tribunal awarded a total sum of Rs.51,500/- as compensation aiong with interest @ 6% per annum from the date of fiiing of the ctaim petition till the date of actua! payment. 4) Shri Sunil Sahu, learned counsel for the appeliants vehemently argued that the Tribuna! has erred in awarding low compensation of Rs.51,500/- only as the appellants' son Shahil Das would have extended great support to the appellants in their old age. 5) The Apex Court while considering as to what wouid be the amount of just and proper compensation for the death of a child aged about 7 years in the case of Oriental Insurance Co. Ltd. Vs Syed Sbrahim and others, reported in 2007 (4) TAC 385 (SC), observed inparas 9 & 10 : "9. This Court in Lata Wadhwa while computing compensation made distinction between the 1 'K, 4 appeilants/ claimants for enhancement of compensation is liable to be dismissed and is hereby dismissed summarily. Sd/- ChiefJustice Sd/- R.N. Chandrakar Judge subbu 1 h^^» ^1 ? T§E~