HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISIONBENCH CORAM: Appeltant Claimant HON'BLE SHRI RAJEEV GUPTA, CJ. HON'BLE SHRI SUNIL KUMAR SINHA, J. M.A.(Cl.No.1178 of 2009 Smt Savita Sinha, aged about 28 years, Wd/o Uttam Kumar Sinha, R/o village Chandapara, Gadbeda, Pithaura, P.S. & Tahsil Pithaura, District Mahasamund (CG). -^- VERSUS Respondents 1 Virendra Kumar Pradhan S/o Owner Raghunath Pradhan, R/o R.K.C. Complex, GE Road, Raipur, District Raipur. At present residing at vlllage Charbhatha, Plthaura, P.S. Tahsil Pithaura, District - Mahasamund (CG) Insurer 2 The National Insurance Company Limited, Through Divisional Office, Mobin Mahal, GE Road, Raipur, Distrtot Raipur (CG) Miscellaneous Appeal under Section 173 ofthe MotorVehiclesAct. 1988 Present: Shri Amiyakant Tiwari, counsel for the appellant. ORDER (04tn September, 2009) The following order of the Court was passed by Rajeev Gupta, C.J. Shri Amiyakant Tiwari, learned counsel for the appellant is heard on admission. 2) Appellant Smt. Savita Sinha is seeking enhancement of the compensation awarded by the Motor Accident Claims Tribunal, \^ Mahasamund (for short 'the Tribunal') vide award dated 08.07.2009, passed in Claim Case No.24/2009. 3) As against the compensation of Rs.7,50,(X)0/- elaimed by the appellanV claimant, unfortunate mother of deceased child Raja Sinha, aged about six years, by filing a daim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 11.01.2009, the Tribunal awarded a total sum of Rs.52,000/- as compensation along with interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 4) Shri Amiyakant Tiwari, learned counsel for the appellant vehemently argued that the Tribunal has erred jn awarding low compensation of Rs.52,000/- only as deceased child Raja Sinha would have provided great support to his mother in her okl age. 5) The Apex Court while considering as to what would be the amount of just and proper compensation for the death of a child aged about 7 years in the case of Orientol Insurance Co. Ltd. Vs Syed Ibrahim and others, reported in 2007 (4) TAC 385 (SC), observed in paras 9 & 10: "9. This Court in Lata Wadhwa while computing compensation made distinction between the deceased children falling 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 srt 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 at such an early ^ age, the uncertainties in regard to their academic pursuits, achievements tn career 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 flnancial loss suffered by the parents capabte of mathematical computation." The Apex Court in the case of Oriental Insurance Co. Ud. Vs 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. 6) The Tribunal, in fact, has awarded the compensation of Rs.52,000/-, as we gather from para 12 of the award, following the above quoted dictum of the Apex Court in the case of Oriental Insurance Co. Ltd., (supra). 7) As deceased Child Raja Sinha was admittedly aged about six years on the date of the accident, we do not find any scope for enhancement of the compensation awarded by the Tribunal in view of the above quoted dictum of the Apex Court in the case of Oriental Insurance Co. Ud., (supra). 8) Theappeal filed by the appellant/ claimant for enhancement of the compensation, therefore, is liable to be dismissed and is hereby dismissed summarily. Sd/- Chief Jusdce Sd/- Sunil Kumar Sinha Judge subbu