HIGH COURT OF CHHATTISGARH AT BILASPUR MISC. APPEAL (0 No. 831 OF 2009 RESPONDENTS Non-applicants APPELLANT Smt. Kamla Kurre, W/o late Jitendra Claimant Kurre, aged aboyt 22 years R/o Village Sakri, Police Station-Mandir Hasaud, District Raipur (CG). Versus 1. Shashikant Shukla, S/o LP Shukla, aged about 42 yeare, R/o Kho-Kho Para, Purani Basti, Police Station Purani Basti, Raipur, Tahsil & District Raipur (CG). (Driver of Vehicle Tractor bearing r^istration No. CG (M/ZG/7284) 2. Chhaganlal Sahu, S/o Biselal Sahu, aged about 36 years R/o Village Sandi, Police Station Mandir Hasaud, Tahsil & District Raipur (CG) (Owner of vehicle Tractor bearing registration No. CG 04/ZG/7284) 3. The National Insurance Company Limited, through Divistonal Manager, Divisionat OfRce, Lal Ganga Complex, Shopping Mall, GE Road, Raipur, Distrlct Raipur (CG). (Insurer of vehicle Tractor bearing registration No. CG 04/ZG/7284) 4. Vinod Kumar Manuja, S/o Chelaram, Manuja, R/o Jal Vihar Colony, Ralpur, District Raipur (CG). (Owner of Vehicle Motor Cycle bearing registration N0. CG 04/ZE/2543). Memo of appeal under Section 173 of ttie Motor Vehicles Act. 1988 (SB: Hon'bte Mr. N.K. Aaarwal. J.) Present Shri Shwendu Pandya, Advocate for appellant. None for respondent No. 1 though served. Shri Anupam Dubey, Advocate for respondent No.3, appears on behalfof Shri BN Nande, Advocate. Shri GD Waswani, Advocate for respondent No. 4. 1. ORAL ORDER (Passed on 18th day of March,2010) With the consent ofthe parties, the matter is heard finally. This is claimants' appeal seeking enhancement of compensation in the award dated 19th August, 2008, (assed by IIIrd Additional Motor Accident Claims Tribunal, Raipur in Claim Case No. 39/2007. 2. The brief facts of the case are that: i. On 14-9-2006 Rajesh Kurre, aged about 5 years (since deceased), met with an accMent wtth Tractor No. CG 04 ZG/7284 and succumbed to the injuries sustained in the said accident. ii. The claimant i.e. mother of the deceased Rajesh Kurre, preferred a claim petition under Section 166 of the Motor Vehicles Act claiming Rs. 11,50,000/- as compensation for the death of her son in the sald accident. iii. The Tribunal, on a close scrutiny of evidence led by the parties and the material available on record, held the respondent No. 1 i.e. drlver of the Tractor responsible for the said accident and since the deceased was aged about 5 years, awarded Rs. 62,000/- as compensatlon to the claimantagainst the driver/owner and insurance company of the vehicle. 3. Shri Shivendu Pandya, learned counsel appearing for the appellant would submit that the amount awarded by the Tribunal 1s shockingly on lower side and the same deserves to be suitably enhanced. 4. On the other hand, Shrl Anupam Dubey and Shri GD Waswani, Advocates, appearing for the respondents supported the award and submitted that the amount awarded by the Tribunal is just, reasonable and the same deserves to be upheld. 5. I have heard leamed counsel for the parties and perused the order impugned. 6. The Supreme Court in the case of Oriental Insurance Co. Ltd. -v- Syed Ibrahim and others1, held in para 7 as under:- "7. There are some aspects of human life which are capable of monetary measurement, but ttie totality of human life is like thebeauty of sunrise or the splendour of ' (2007)118cc 512 ^lS>»"t«»3t!i^ -^.^. ^ ,<y^ait ^ ;'^Fl_ •* 8. the stare, beyond the reach of monetary tape measure. The determinaUon of damages for loss of human life is an extremely difRcutt task and it becomes all ttie more baffling when the deceased is a child and/or a non-earning person. The future of a child is uncertain. Where the deceased was a child, he was eaming nothing but had a prospect to earn. The question of assessment of compensation, therefore, becomes stiffer. The figure of compensation in such cases involves a good deal of guesswork. In cases, where parents are the claimants, relevant factor would be age of parents." By applying the above referred dictum of Supreme Court in the factssituation of the present case, in the considered opinion of this Court, since the deceased was aged about 5 years at the time of accident, it cannot be said that the amount of Rs. 62,000/- is on lower side. In view of above, the appeal being devoid of substance is liable to be and is hereby dismissed. No order asto costs. Sd/- N.K. Agrawal Judge Sahu -^.