IN THE HIGH COURT OF JUDICATURE AT BILASPUR FCHHATTISGARH1 MISCELLANEOUS APPEAL (C) NoJf(f0 OF 2009 APPELLANTS CLAIMANTS RESPONDENTS INSURER 1. 2. 2. Virendra Sahu S/o Late Shri Ghasiyaram Sahu, Aged about 35 years Smt. Pushpa Bai W/o Shri 'irendra. Kumar Sahu, Aged about 29 years, Both Residents of - Tikrapara Raipur (C.G.) Versus Amrendra Prasad Jhansi S/o Shivpujan Jhansi, aged about 31 years, r/o Nepali Para, Barrackpore Kolkata - 23 alsoR/o Koeni, District - Bhopalgunj, P.S. Devpur (Bihar) Jagsir Singh S/o Vishakha singh R/o Baroipara Kolkata (W.B.) - 35, aged about-Adult The New Ind-ia Insurance Company Ltd, Branch Code - 511605 1/D Malyalya - 3, Woodburn Park, Kolkata 700020.Through its Regional Manager, Regional Office; Madina Building, jail road Raipur (C.G.) Homendra Kumar Sahu S/o Late Shri Ghasiyaram Sahu, aged about 19 years, r/o tikrapara, Raipur (C.G.) Udalram Sahu S/o Chaturram Sahu Aged about 36 years R/o, Village Oivl&iG' G,v-ewSn°l ^ Bhainsbod P.S. Bhakhara, District - Dhamtari (C.G.) 6. Oriental Insurance Company Ltd. Through Regional Manager, Regional office Madina Building, Jail Road , Raipur(C.G.) APPEAL U/S 173 OF THE IVIOTOR VEHICLES_ACTAGAINST THE AWARD/ORDER DATED 23.12.2008 PASSED BY SHRI B.RAM, THE 7TH ADDITIONAL IVIOTOR ACCIDENT CLAIIVIS TRIBUNAL RAIPUR, (C.G.) IN M.A.C.T. No.dWF 2006 Driver ^•i iLI HON'BLE SHR! SUNIL n^j'1^1 J. 2. Virendra Sahu S/o Late Shri Ghaslyaram Sahu, aged about 35 years. Smt. Pushpa bai W/o Shri Girendra Kumar Sahu, aged about 29 years, Both Residents of - Tikrapara Raipur (C.G.) 6. Amrendra Prasad Jhansi S/o Shivpujan Jhansi, aged about 31 years, r/o Nepali Para, Barrackpore Kolkata - 23 also R/o Koeni, District - Bhopalgunj, P.S. Devpur (Bihar) Jagsir Singh S/o Vishakha Singh r/o Baroipara Kolkata (W.B.) - 35, aged about-Aduit The New India insurance Company Ltd. Branch Code-511605 1/D Malyalya-3, Woodburn Park, Kolkata-700020, Through its Regionat Manager, Regional Office, Madina Building, Jaii Road, Raipur (C.G.). Homendra Kumar Sahu, S/o Late shri Ghasiyaram Sahu, aged about 19 years, r/o Ttkrapara, Raipur (C.G.). Udairam Sahu, S/o Chaturram Sahu, Aged about 36 years, R/o Village Bhainsbod, P.S. Bhakhara, District Dhamtari (C.G.). Orienta! Insurance Company Limited, Through Regional Manager, Regional Office Madina Building, Jail Road, Raipur (C.G.). 1;''' ^^"^s^i AppeaE under Section 173 of fhe Motor Vehicles Act. 1988 Present: Shn' Vivek Chopra, learned counsei for the appellants. "r nd The following order of the Court was passed by Shri Vivek Chopra, learned counsel for the appeiiants is heard on I.A. No. 01/2009, an applicatlon for condonation of the delay in filing the appeai. 2. On due consideration of the submissions of learned counsel for the appeliants and the grounds taken in the apptication, we are satisfied that the appellants have succeeded in showing sufficient cause for the delay in filing the appeal. 3. !.A. No. 01/2009,therefore, is ailowed and the delay in filing the appeal is hereby condoned. 4. Shri Vivek Chopra, learned counset for the appellants is heard on admission. 5. The appellants are seeking enhancement of the compensation awarded by the Seventh Additional Motor Accident Claims Tribunal, Raipur (for short 'the Tribunal') vide award dated 23.12.2008, passed in Claim Case No.61/2006. 6. As against the compensation of Rs.10,50,000/- claimed by the appellants/ claimants, unfortunate parents of deceased gir! Ka. Nikita Sahu, aged about 2 % years by ftling a claim petitlon under Section 166 of the Motor Vehicles Act, for her death in the ^ai&ty^s^f^ motor accident on 03.04.2006, the Tribunal awarded a total sum of Rs.74,500/- as compensation along with interest @ 6% per annum from the date of filing of the claim petltion till the date of 7. Shri, Vivek Chopra, iearned counsel for the appellants vehemently argued that the Tribunal has erred in awarding iow compensation of Rs.74,500/- only. 8. The Apex Court while considering as to what would be the just and proper compensation for the 7 years in the case of Ori of a chlld aged about Co. Ltd. Vs Syed Ibrahim and others, reported In 2007 (4) TAC-385 (SC) obser/ed in paras 9 & 10 : "9. This Court in Lata Wadhwa while computing compensation made distinction between the deceased chiidren 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 at thetimeof death nor the prospects of the future increase in their income nor chances of advancement of thelr 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 in 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 asssssment on estimated basis nor is the financial loss suffered by the parents capable of mathematica! computation." •^A-^ The Apex Court in the case of Oriental Insurance Co. Ltd. Vs Syed Ibrahim and others (supra) held that the compensation of Rs.51,500/- was just and proper compensation for the d.eath of a child aged about seven years. 9. Now reverting to the present case, admittedly, the appellants' daughter Ku. Nikita Sahu was aged about 2 % years on the date of the accident. The compensation of Rs.74,500/- 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., (supra), we are satisfied, does not call for any enhancement in this appeal. 10. We, therefore, do not find any scope for enhancement of the compensation awarded by the Tribunat. 11. The appeal, therefore, is liable to be dismissed and is hereby dismissed summarily. Sd/- Chief Justice Sd/- Sunii Kumar Sinha Judge subbu