HIGH COURT OF CHHATTISGARH AT BILASPUR DIVSSSON BENCH Coram : HON'BLE SHRI RAJEEV GUPTA, CJ. & HON'BLE SHRI R.L. JHANWAR, J. APPELLANTS Ciaimants RESPONDENTS Non-appSicants r ^ Misc. Appeal No. 1006 of 2004 1. Bihari La! S/o Motichand Satiu, aged 31 years. 2 Smt. Phutan W/o Bihari Lal Sahu, aged 27 years, R/o. Dhardei, P.S. Sheorinarayan, Distt. Janjgir- Champa. Versus 1. Hemlal S/o. Melaram by Caste- Sahu, aged 20 years, r/o. Dhardei P.S. Sheorinarayan, Distt. Janjgir- Champa. 2. Meiaram S/o. not known by caste- Sahu, aged about 45 years, R/o. Dhardei, Police Station Sheorinarayan, (owner of the Vehicle) 3. United India Insurance Company Umited, T.P. Nagar, Korba, Tah. Korba. SVIISC. APPEAL UNDER SECTION 173 OF THE 1VIOTORVEHICLE ACT. 1988 Present: Shri Malay Kumar Bhaduri, learned counsel for the appeilants. ORDER (07th July, 2009) The following order of the Court was passed by Rajeev Gupta, C.J.: '^ r Shri Malay Kumar Bhaduri, learned counsel for the appellants is heard on M.C.P. No. 1568/2004, a petition for condonation of the delay jn filing the appeal. 2. On due consideration of the submissions of ieamed counsel forthe appellants, M.C.P. No. 1568/2004 js allowed and the delay of one day in filing the appeal is hereby condoned. 3. Shri Maiay Kumar Bhaduri, learned counsel for the appellants is heard on admission. 4. The appellants are seeking enhancement of the compensation awarded by the Additional Motor Accidents Claims Tribunal, Janjgjr, District Bilaspur (for short "the Tribunai") vide award dated 26.03.2004, passed in CJaim Case No. 03/2003. 5. As against the compensation of Rs.8,00,000/- ciaimed by the appellants, the unfortunate parents of deceased child Golu, aged about five years for his death in the motor accident on 17-07-2002, the Tribunal awarded a total sum of Rs.52,000/- as compensation to the ciaimants along with interest @ 8% per annum on the respondents' failure tq pay the amount of compensation to the claimants within a period of 30 days. 6. Shri Malay Kumar Bhaduri, learned counsel for the appellants vehementiy argued that the Tribunal has erred in awarding low compensation of Rs.52,000/- only as the appellants' chiid Golu would have extended support to the appellants in their old age. 7. The Apex Court while considering as to what would be the just and proper compensation for thedeath of a child aged about :\ ,^5 < %i€^ .isas-^"^1' seven years in the case of Oriental Insurance Co. Ltd. v. Syed Ibrahim and others reported in 2007 (4) T.A.C. 38S (S.C.) observed in paras 9 and 10: "9. This Court in Lata Wadhwa (2001) 8 SCC 197, while computing compensation made dlstinction between the deceased children fatling within the age group of 5 to 10 years and age group of 10 to 15 years. 10. In cases of young children of tender age, in view of uncertainties abound, neither their income at the time of death nor the prospects of the future increase in their income nor chances of advancement of their career are capable of proper determination on estimated basis. The reason is that atsuch an early age, the uncertainties in regard to their academic pursuits, achievements in carrier and thereafter advancement in life are so many that nothing can be assumed with reasonable certainty. Therefore, neither is the income of the deceased child capable of assessment on estimated basis nor is the financial loss suffered by the parents capable of mathematical computation." 8. .Now, reverting to the present case, admittedly the appeliants' child Golu was aged about 5 years as shown in the postmortem report. The compensation of Rs.52,000/- awarded by the Tribunal when examined in the context of the above quoted observations of the Apex Court in the case of Oriental Insurance Co. Ltd. v. Syed Ibrahim and others (supra), we are satisfied, is //^~\ i ^ISiliE. 1 ^ '^^^r^^ ^ ^. 4 c.- Just and proper compensation in the facts and circumstances ofthe present case. 9. We, therefore, do not find any scope for enhancement of the compensation awarded by the Tribunal. 10. The appeal, therefore, is iiable to be dismissed and is hereby dismissed summarily. Sd/- Chief Justice nimm! Sd/- R.L. Jhawar judge