1 S.B. CIVIL MISC. APPEAL NO.1688/2005 ANUP LAL & Anr V/s SHRI PAVAN KUMAR TIWARI & Ors DATE OF ORDER :- MAY 13, 2008 HON'BLE MR. JUSTICE GUMAN SINGH Shri Rajneesh Gupta , for the appellants. Shri V. Agrawal) Shri R.P. Saini), for respondents. 1. This case has come up for admission. Both the parties agree to dispose of the case at admission stage. 2. Heard learned counsel for the parties and perused the entire record of the miscellaneous appeal. 3. This civil misc. appeal under Section 173 of the Motor Vehicles Act, 1988, has been filed by Anup Lal and Smt. Indra Devi W/o Anup Lal for the death of their daughter Sapna aged 8 years at the time of accident, for enhancement of claim against the award dated April 30, 2005 of the learned Motor Accident Claim Tribunal, Gangapur City, in Claim Petition No. 48/2004, whereby a sum of Rs.1,20,000 has been awarded as compensation to the claimants-appellants. 2 4. Learned counsel for the claimants appellants submitted that the matter pertains to the death of a child and this matter is squarely covered by the judgment of a co-ordinate Bench of this High Court reported in 2008(1) WLC (Raj.) 589 , Smt. Malti & 52 Others v/s M.K.Vasu and 52 Others. For the death of a child of 5 to 10 years, the compensation of Rs.1,80,000/- has been awarded. 5. Per contra, learned counsel for the Insurance Company, supported the award of the learned Tribunal on the ground that the finding of the learned Tribunal is correct and based on evidence and the record and as such this is not a case for interference by this Court but conceded that the co-ordinate Bench of this High Court has classified the children who became victim of accident from their age and has accordingly awarded the compensation in the aforesaid judgment. 6. In view of the submissions advanced and on going through the award, the record of the case as also the fact that the co-ordinate Bench of this High Court has classified the category of the 3 children for compensation as under : “With regard to compensation for the victim non-earning children, the Apex Court has extensively dealt with these aspects in case title New India Assurance Co. Ltd. Vs. Satender and Ors (Supra). Therefore, these appeals are disposed of holding the claimants entitled to the following compensation. (i)The claimants of the victim child in the age group upto 5 years shall be entitled to compensation to a sum of Rs.one Lac. (ii)The claimants of victim child in the age group of 5 to 10 years shall be entitled to a sum of Rs.1,80,000/-. (iii) The claimants of the victim child in the age group of 10 to 15 years shall be entitled to compensation to a sum of Rs.2,25,000/-” 7. In view of the above position, it is revealed that in New India Assurance Co. Ltd. Vs. Satender and Ors (2007(1) WLC (SC) Civil 196) the Apex Court while dealing with a case of a child of 9 years granted compensation of Rs.1,80,0000/- and observed as under : “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 4 advancement of their career are capable of proper determination on estimated basis. The reason is that at such an early, 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 the income of the deceased child is capable of assessment on estimated basis nor the financial loss suffered by the parents is capable of mathematical computation.” 8. As per the above legal position the matter needs to be decided accordingly and the compensation deserves to be enhanced from 1,20,000/- to Rs.1,80,000/-. 9. Accordingly, the impugned award is modified and the amount of compensation is enhanced from Rs.1,20,000/- to Rs.1,80,000/-, with interest at the rate of 6% from the date of appeal i.e. 2.6.2005 and the same shall be payable within three months from the date of this order, failing which, the amount shall entail interest at the rate of 9% p.a. 10. The appeal stands disposed of with the above modification in the award. (Guman Singh),J. Chauhan/-