i.\ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. Appellants Claimants Respondents Non-applicants Misc. Appeal (C) No. 1575 of2008 1. Khilawan Yadav, age 35 yrs, s/o Devalal Yadav, 2. Smt. Chitrarekha Yadav, age 30 yrs, w/o Shri Khilawan Yadav, Both the above appellants are r/o village Beralgao, P.S. & Tahsil Nagri, distt. Dhamtari, C.G. At present R/o village Musurputta, Tahsil Narharpur, distt. North Bastar C.G. VERSUS 1. Arun Kumar Bharti, s/o Lalram Bharti, r/o village Beralgao, P.S. & Tahsil Nagri, Distt. Dhamtari C.G. (Owner Maruti Omni No. C.G. 04/TC/0028) 2. The New India Insurance Company Limited, B.O. Divisional Office at G.E. Road, PowerHouse Road, distt DurgC.G. (Insurance Company of Maruti Omni No. C.G. 04/TC/0028) A&peal under Section 173 of the IVIotor Vehicle Act, 1988 Present: Shri J.A. Lohani, counsel for the appellants. Shri Mohd. Tariq Haider, counsel for respondent No.1. Shri H.P. Agrawal, counsel for respondent No.2. ORDER (21st June, 2011) V^-^WSSt:^ "^r^ "^ /f '"' 'SsSSg' ^g^E '^ ''^"^ ,/ !''s:i>».-5«.»*;" I >^ The following order of the Court was passed by Rajeev Gupta, C.J. This is claimants' appeal for enhancement of the compensation awarded by the Additional Motor Accident Claims Tribunal, Kanker (for short 'the Tribunal') vide award dated 25.06.2008, passed in Claim Case No.28/2008. 2) As against the compensation of Rs.21,05,000/- claimed by the appellants/ claimants, unfortunate parents of deceased boy Resham Yadav aged about 12 years, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 26.12.2007, the Tribunal awarded a sum of Rs.1,59,500/- as compensation along with interest @ 9% per annum from the date of filing of the claim petition till the date of actual payment. 3) Shri J.A. Lohani, learned counsel for the appellants vehemently argued that the Tribunal has erred in awarding low compensation of Rs.1,59,500/- only though the appellants' son was a brilliant student and had a bright future and he would have extended great support to the appellants in their old age. 4) Shri H.P. Agrawal, learned counsel for respondent No.2 the New India Insurance Company Limited, the insurer of the offending vehicle Maruti Van, on the other hand contended that the Tribunal has erred in awarding excessive sum of Rs.1,59,500/- for the death of a child aged about 12 years only. -^ hsgSP' 9. •^^'."•^iEK--. ^. , ^' •^^ 5) Shri Mohd. Tariq Haider, learned counsel for respondent No.1 Arun Kumar Bharti, owner of the offending vehicle Maruti Van also supported the award. 6) The Apex Court while considering as to what would be the just and proper compensation for the death of si child aged about 7 years in the case of Oriental 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 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 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 assessment on estimated basis nor is the financial loss suffered by the parents capable of mathematical computation." The Apex Couri: in the case of Oriental Insurance Co. Ltd. Vs Syed Ibrahim and others (supra) held that the compensation T '••» -:3:r: •^^ of Rs.51,500/- was just and proper compensation for the death of a child aged about seven years. 7) The compensation of Rs.1,59,500/- 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), and the fact that the appellants' son Resham Yadav was aged about 12 years only on the date of the accident and was not an earning member, we are satisfied, does not call for any enhancement in this appeal. 8) As we do not find any scope for enhancement of the compensation awarded by the Tribunal, the appeal filed by the appeltants/ claimants for enhancement of the compensation is liable to be dismissed and is hereby dismissed. 9) No order as to costs. Sd/- Chief Justice Sd/- Rangnath Chandrakar Judge nimmi