-.;-~F-^£%'^ HIGItCOURT OF CHHATHSOARH AT BILASPUR MAJ»o^l067of20Q5 DB: HON'BLB; SHRI 8UNIL KXJMAR BIKHA & HOirBLE 8HRI T.P.SHARMA. J.J. APPELLAMT8 1. 2. Ram Dayal Yadav, s/o. Jagat Rani Yadav, aged 40 years Smt. Panch Bai, W/o. Ram Dayal Yadav, Aged about 37 years, Both the appeUants r/o. ViUage Lavaa Present Address Kailashgarh, P.S.Kasdol, Distt. Raipur (C.G.) RESPOHDEirTS 1. Versiis Kamta Prasad, S/o. Darash Satnaxui, aged 40 years, Sundervan, P.S. Palari, Raipur (CG) (Driver ofaUeged vebicle) Ram r/o. DistL 2. 3. Ramesh Kumar, S/o. Ram Lal Verma, ayed about 40 years, r/o. Sanjay Vagai, Raipur (CG) (Owner ofafleged vehicle) United India btsurance Co. Ltd., (Braneh Office - In fiont of Kacliahad Distfc Raipur (CG) APPEAL UWDBR SBCnON 173 OF THE BUyTOR VBHICLEACT. 1988 Present Shri Anil Giilati, counsd for the appellants. None for cespoadent No. 1 & 2. Respoiulent No. 1 is served. Shri Shree Kiuaar Agrawsd, Sr. Advocate wlfh. Shri A.K.Gupta, coimsel for iiespondent No.S/IiMurance Company. ORALOKDBR (19.01.3009) The foUowing. order of the Court was passed by Suntt Kunwr Sinhet, J. : •»-»,<./.?7 <il'r eassssy M.A.No, 1067 of2005 1M Heardon M.C.P. No. 1263/2005, whfch is aa application for condonafioa ofdelay in filing the appeal. Accordii^ to fhe office note, the appeal is barred by 41 days oflimitation. On due consideration of fhc subinissions inade by fhe counsel for fhe parties, we are satisflcd fhat the appellants havc sitfiBcientty cxplaiaed the delay in fiUng ttie appeal. Accordmgly, M.C.P. No. 1263/2005 is aUowed aad the delay in filmg the appcal is hereby condoned. Leanied cotinsel for the parttes are alsp teard on admissiou. Thc appeBaats are thc parents of deceased Ku. Anjau Yadav, a femalc chite, aged about 4 years who died iu a inotor accidentwhich took place ou 09.06.2004, when she was dashed by the offeadiag jeep beanng registration No. CG-4Z.A.2226 resultmg iato hcr death. The appeUaats, claimcd a suiu of Rs. 7,00,000/- as compensation on account of death of deceased Ku. Aajani Yadav by filfng a claun petitioa under Scction 166 of the Motor Vehicles Act The Tribuiial, allowcd their claiin petitioa aad awarded a sum of Rs. 95,000/- as c6nipensatk>n to the appellants/claimaats for fhe death of their iniaor female chfld in (he motor accident. The Tribunal, also awarded interest on the said amoiint at ihe rate of6% per annuin fioin the date of fiting of the clalm petitlon l.e. fix>m 15.7.2004 tUl its reaUzation aad the Insurance Compaay was directed to pay the amoimt of coxapensation. Leamed counsel for the appeBaats argues fhat a low conipensatlon has been awarded, therefore, it may be suiteb.ly enliaaced. However, he does not dispute tfaat the deceased was a feinale chfld, s^ed about 4 ycars on thc date ofincident "& s.:,y M.A.No.l067<rf2005 In fhe naatter of Qrtewtal Jinsunuuse C'0. £>(& ys. fiined Jbmhtm & oaicrs. 130071 11 SCC S12. fhe Apcx Court held that "in ccwes of young chtMren *(f tender t<ge, te vUw of tuieertednSttes tdbound, netther their tnconw at Uie Ume of deoUi nor the prospects of the fltture incrBCtse in thdr income tior chan«ses of adoaneenwnt of thelr canwr «ire capdble e/" proper detemrinatton en esttmatwt »«»sto.The reason is that dt sueh cn earty age, tfte wsteertalntttes <» rvgeir0.to thetr accKtendc pursufta, cuMeoenuwts in ewr»er wid fliereqfter adveincemient in Vfe are ao ma»y that nothtng can be eissumed tutth rettsonoMe oert'irint^y. Therefore, neMier 1s thc ineome of the deceased chttd cdp^Ste of Ctsseasimeivt on esttnwted btisia nor to tte ftiwaudal toss suffercS. hy the parente captibte <(f nwtHenux^sctl co'niputoUon^^ By holdiag so, fhe Apex Court in thc said matter where tbe deceased was a child aged about 7 years, hdd the amount ofRs. 51,500/- fo be appropriate for death ofa child aged about 7years. In view ofwhat has been stated by the Apcx Court in fhe aforesaid judgment, wc do aot fiiid aay scope for enhanceiacnt of amount of coiapensation awarded to fhe appellaats on account ofdeath offheir female child a^ed about 4 yeais. The appeal has no merits, fhe saine deseryes to bc aad is accordingly dismisscd at the laotion stage itseU. Sd/- SunU Kumar Sinha Judge Sd/- T.P. Sharma Judge •<J>