(^ .A,( C.) No. 62/2009 HON'BLB SHRI T.P.SHARMA. J.J. 1. 2. Snit. Seeta Devi Yadav w/o Shri Ramcharau Yadav, aged about 25 years; Ramcharan Yadav s/o Late Shri Ramadhar Yadav, aged about 27 years; Bofh R/o vmage Chorbhatthi Kala, Tahsil and Police Station Takhatpur, District Bflaspur(CG) Vsrsus Ashok Sarthi s/o Puraalal Sarttii, aged about 28 years, R/o village Koripara, Pataita, PoUce Station Kota, District Bilaspur(CG) Piyush Siagh s/o P.B. Siagh, R/o Lodhipara Sarkanda, Bflaspur, Tahsil aad Distaict Bilaspur(CG) National Insurance Coinpany Limited, Divisional Office, BUaspur(CG) Appeal uader Sectiou 173 (2) ofthe Motor Vehlcles Act, Shri M.K. Bhaduri, counsel for fhe appeUants. ORAL ORDSR The following order of fhe Coyrt was passed by .J. Heard on admission. The appeUaats have filed fliis appeal for enlianceDieiit of the amoiuit of corctpensation awarded by the Claims Tribunal, Bilaspuriu Claim Case No. 51/2008. MA(C ) No.62/2009 ^ Ku. Rashmi Yadav, a girl aged about 5 years, inet with au accident on 2.11.2007, when she was dashed by fhe oflendixig Bus No.CG 10/A -9170, resulting into her uistautaneous deatli. The clainiauts are fhe parents of the deceased. They claiiaed coiupensatiou of Rs.5,12,000/- on account of death of fhe deceased in fhe niotor accident. Leanied Clamis Tribunal reconled a iindiag fhat fhe accident occurred on account ofrashaud negUgent drivin.g ofthe offendhig vehicle by its Driver aad fhe Insurance Coiupauy was liable to pay fhe amount of com.pensation to the parcnts of fhe deceased. The Tribunal awarded a sum. of Rs.51,500/- to the appeUaats/ claunaats as fhe amount of com.pensation on account of death of fheir daughter on tfie ground fhat tlie deceased was aged about 5 years and th.e appropriate conipensation iu such case would be Rs.51,500/-. The Tribunal has based its award on the decision of fhe Apex Coilrt rendered in the inatter of Orlental Insurance Co. 11 SCC 513. In fhe said niatter fhe Apex Court held that in cases ofyoung children of tender age, in view of uncertauities abound, neither their incoiae at the tirae of deafh nor fhe prospects of tlie future iucrease in their iucoine nor chaaces of advauceinent of their career are capable ofproper determination on estunated basis. The reason is that at such an early age, th.e uncertainties in reganl to fheir acadeinic pursuits, achieveinents ia career and fhereafter advancenient in life are so uiauy that nothiug can be assuaied with reasonable certaialy. Therefore, neifher is fhe inconie of fhe deceased cbild capable of assessiaent on estiniated basis nor is tlie fiiiaiicial loss suffered by tlie parents capable of inafhematical coinputation. Keeping all tius iu iniad, the Apex Coiirt awarded Rs.51,500/- ia fhe said luatter. The learaed Tribunal has applied tlie same principle in fhe present case, where, adnuttedly, fhe deceased was aged about 5 ••Sil^tSiWsSM' Si' £ y ks-"ss^ ••^'';s"'r-:iw^.:.''\ •v-s.s-s^ i f:? S MA(C ) No.62/'2009 \^ years and has awarded coinpeusation of Rs.51,500/- along wifh uiterest @ 6 % p.a. froin the date offiling ofttie Claiiu petition tiU its reaUzation. In view ofaU this, we do not find aay scope for enhancenient ofthe amount of coinpensation awarded by fhe Claims Tribiuial. The appeal lias no inerits. T'he same deserves to be aad is accordiugly disinissed at fhe inotion stage itself. Sd/- Sunil Kumar Sinha Judge Sd/- T.P. Sharma Judge -su^ufsi