OF AT GUPTA, C.J. & J. ADpeilants Ciaimants Resppndents S.A.fClNo. 614 of2010 1. Nand Kumar Deshmukh s/o Manthir Lai Deshmukh aged about 37 years, 2. Smt. Anusulya Bai w/o Nand Kumar Deshmukh aged about 35 years, Both r/o viliage Khaparwada, Tahsll Gundardehl, district Durg (C.G.) 1. Raspai Singh s/o Nirmal Singh Puilar aged about 40, R/o Qr.No. 176/B, Poitee Line, Chhawni, Tahsil & District Durg (C.G.) Driver of offendlng Bus C.G.07E/0423 2. Manish Travels through Proprietor Manish Jain S/o. Bagchand Jain in front of Ja!a Ram Vatika, G.E. Road Durg, District Durg (C.G.) 3. The Branch Manager Orienta! insurance Company, Rajendra Park Chowk Durg, Tahsii & District Durg Vemorandum of U/S. 173 of the Motor Vehicles Act Present: Shri N.K. Chatterjee, learned counsei for the appeliants. (2nd August, 2010) The foilowing order of the Court was passed by 6a. CJ. /ys:^\ S t'^^s?^^ 1 '^!^^?^ ^^ / '•^^aty^ ^ fe-.. Shri N.K. Chatterjee, learned counsel for the appeiiants is heard on admission. 2) The appellants/ claimants, unfortunate parents of deceased girl Maya Deshmukh, aged about seven years, are seeking enhancement of the compensation awarded by the Eieventh Additiona! Motor Accident Ciaims Tribunai, Durg (for short 'the Tribunal') vide award dated 19.03.2010, passed in Claim Case No.73/2008. 3) As against the compensation of Rs.3,81,000/- ciaimed by the ciaimants, for the death of Maya Deshmukh in the motor accident on 24.03.2008, the Tribunai awarded compensation of Rs.52,000/- atong with interest @ 8% per annum from the date of filing ofthe claim petition til! the date of actual payment. 4) Shri N.K. Chatterjee, learned counsel for the appeliants vehemently argued that the Tribuna! has erred in awarding low compensation of Rs.52,000/- oniy though the appeliants' daughter Ku. Maya Deshmukh was a brilliant student and had a bright futufe. 5) The Apex Court whiie 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 Orienta! 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 whiie computing compensation made distinctlon between the -^' ^•^. fc ^ ^.l^^l 1 ^ "^y i^-^s^^" deceased chitdren falling within the age group of 5 to 10 years and age group of 10 to 15 years. 10. !n cases of young chiidren of tender age, in view of uncertaintles abound, neither their income at thetimeof death nor the prospects of the future increase jn 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 jn 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 assessment on estimated basls nor is the financial ioss suffered by the parents capable of mathematical computation." The Apex Court in the case of Onentai Insurance Co. Ltd. Vs Syed Ibrahim and others (supra), held that the compensation of Rs.51,500/- was just and proper compensation for the death of a chiid aged about seven years. 6) The compensation of Rs.52,000/- awarded by the Tribunai when examined in the context of the above quoted dictum of the Apex Court In the case of Orienta! Snsurance Co. Ltd., (supra) and the fact that appellants' daughter Ku. Maya Deshmukh was aged about seven years on the date of the accident, we are satisfied, is just and proper compensation and does not cal! for any enhancement in this appeal. ;-,?3X:'^, •^ % i ^.^^^•'m | .././ ?^ njmml 7) The appeai filed by the appeilants/ ciaimants for enhancement ofthe compensation, therefore, fails and is hereby dismissed summarily. Sd/- Chief Justice Sd/- R.N. Chandrakar Judge