^ IN THE mGH COURT OF JUDICATURE AT BILASPUR CHHATTISGARH _ s "gillgji MISELLANEOUS APPEAL (C) N0. - f '^,'J OP 2009 (MEMORANDUM OF APPEAL UNDER SECTION 173 OF THE M&TOR VEmCLES ACT, 1988) £^^^^3i APPELLANTS CLAIMANTS vy y<f'\'sy''.. .<•** ..-•'^^^^ RESPONDENTS NON-CLAIMANTS s 1. Kishan Das, S/o Vishal Das, aged about 42 years, Occupation - Agriculture Labourer, 2. Smt. Anjori, W/o K.ishan Das, aged about 40 years, Occupation - Housewife, Both R/o- Village - Tappaseveyya, Police Station - Pithoura, Tahsil & District - Mahasamund(C.G.) VERSUS 1. Dev Prasad Yadav, S/o Daroga Prasad, Occupation - Driver, R/o - Dipuprada, Police Station & District - Jharsugda (Orissa) [Driver ofvehicle Car bearmg registration No.O.R.-15/J 8107] 2. Pramod Mishra, S/o Late. Sagar Mishra, Occupation -Vehicle Owner, Behind Mishra Talkies, Jharsugda, District - Iharsugda (Orissa) [Registered owner of vehicle Car bearing registration No.O.R.- 15/J8107] g-3. The Manager, The Iffco-Tokio General Insurance Company Limited, through Branch Manager, Branch Office, Lal Ganga Complex, G.E. Road, Raipur, District - R-aipur (C.G.) [Insurer of vehicle Car bearing registration No.O.R.-15/J 8107] MEMORANDUM OF APPEAL UNDER SECTION 173 OF THE MOTOR VEmCLES ACT, 1988 '-? HIGH COURT OF CHHATTISGARH AT BILASPUR MISC. APPEAL (C) No. 1257 of2009 APPELLANTS CLAIMANTS RESPONDENTS NON-CLAIMANTS Kishan Das and another. Versus Dev Prasad Yadav and frwo others. APPEAt UNDER SECTION 173 OF THE MOTOR VEHICLES ACT.1988 SB:- Hon. Shri N.K. Aganval, J PRESENT: Shri Shivendu Pandya with Shri Tarun Dadsena for the appellants. ,1 None for the respondents. ORAL ORDER (18.10.2011) This is claimant's appeal for enhancement of compensation awarded by the Chief Motor Accidents Claims Tribunal, Mahasamund in Claim Case No. 14/2007 vide award dated 03.11.2007. 2. As against the compensation of Rs.6,00,000/- claimed by the unfortunate parents of deceased - Sahebdas, a minor boy aged 10 years, by filing application under Section 166 of the Motor Vehicles Act, 1988 (for short the Act') for his death in the motor accident dated 28.01.2007, the leamed Trfbunal has awarded a total sum of Rs.1,22,000/- as compensation along with interest at 6% per annum from the date of application till its actual payment. ^fSQ^-^-^ES^SWvS/KJK fv 3. The Tribunal, on a close scrutiny of the evidence led before it, held: fhe accident had occurred due to rash and negligent driving by the driver of offending vehicle i.e. Indigo Marina Car bearing registration No. OR.15 J-8107; deceased - Sahebdas has died on account of injuries sustained by him in the said accident; respondent No.S/Iffco-Tokio General Insurance Company Limited liable for payment of compensation as it could not establish violation of policy conditions; assessed and awarded the aforesaid amoiint of compensation along with interest at 6% per annum from the date of application till its actual payment. 4. Shri Shivendu Pandya with Shri Tarun Dadsena, learned counsel appearing for the appellants would subrait: the amount of compensation of Rs.1,22,000/- awarded by the Tribunal for the death of appellants' younger son - Sahebdas, aged about 10 years is shockingly on lower side which deserves to be suitably enhanced. 5. I have heard leamed counsel for the appellants and perused the award impugned including the record of the Tribunal. 6. The core question arises for determination of this Court is whether or not the amount of compensation of Rs.1,22,000/- awarded by the Tribunal for the death of ^ ?y ^ ^ ^ ! , ^ Sahebdas, aged about 10 years, is just and proper compensation? 7. As per the claira application, appellant No.l Kishan Das i.e. father of deceased is aged about 42 years and is labourer was not dependent on deceased and deceased Sahebdas was studying'in Class-3. In the evidence adduced by the appellant - Kishan Das, his occupation has been shown as agriculturist. The documents regarding education of deceased have not been filed. 8. The Supreme Court in the case of Oriental Insurance Co. Ltd. -^v- Syed Ibrahim. andothers reported in (2007) 11 SCC 512 has approved the amount of Rs.51,500/- awarded by the Tribunal for the death of child aged 7 years and observed in para 7 and 9 as under:- "7. There are some aspects ofhuman life which are capable ofmonetary measurement, but the totality ofhum.an life is like the beauty ofsunrise or the splendour ofthe stars, beyond the reach of monetary tape measure. The determination of damages for loss of hum.an life is an extremely difficult task and it becom.es all the more baffling when the deceased is a child and/or a non-eaming person. The future of a child is uncertain. Where the deceased was a child, he was eaming nothing but had a prospect to eam. The question of assessment of compensatwn, 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 ofparents." "••/ |ES^::;1-^: ^—" / ^•^asas^ | Sai«!y.;r 4 9. This Court in Lata Wadhwa [2001(8) SCC 197] while computing compensation made distinction between the deceased children falling within the age group of5to 10 years and age group of lOto 15 years." 9. The matter, when exaniined in the light ofjudgment of Supreme Court as referred hereinabove and looking to the fact that deceased Sahebdas was aged about 10 years at the time of accident, I do not find any scope of enhancement in the amount of compensation awarded by the Tribunal. 10. For the foregoing, the appeal, being devoid of merit and substance, is liable to be and is hereby dismissed. 11. No order as to costs. Sd/- N.K. Agrawal Judge