c f' •'r- IN THE fflGH COURT OF CHHATTISGARH AT BILASPUR M.A.(C)NO.. /O /2609— o(i ^. « APPELLANTS : . ^c^ ,.^y:::;;u »^:^^w""' ^'.^^ 1. Siyaram Vishwakarma, S/o Ram Pafhak, aged about 32 years, 2. Smt. Anita, W/o Siyaram Vishwakarma, aged about 27 years, Both Resident - Kududand, Manglaroad, Thana- Civil Line, District- Bilaspur (C.G.) VERSUS NON-APPELLANTS /.. •- f 1. Rakesh Chhabda, S/o Subhash Chhabda, aged about 32 years, R/o Aajad Chauk, Mangla, Tahsil & District- Bilaspur, (C.G.) -Driver 2. Raghunandan Prasad, S/o Krishna, Prasad Pathak, R/o Pandariya, Tahsil Pandariya, Disft- Kabirdham (C.G.) 3. Vinay Kumar Gupta S/o Gajpal Prasad Gupta, R/o Pandatarai, Tahsil Pandariya, Distt.- Kabirdham (CG) —Owner 3. United India Insuraace Company Ltd., Braach Office- Rajendra Nagar Chauk, Bilaspur (C.G.) —— Insurance Company MEMORANDUM OFAPPEAL UNDER SECTION-173 OF THE MOTOR VEmCLES ACT,1988 FOR ENHANCEMENT OF THE COMPENSATION AMOUNT ^ ^p HIGH COURT OF CHHATTISGARH AT BILASPUR APPELLANTS RESPONDENTS I.A.CNo.36of2010 Siyaram Vishwakarma & another VERSUS Rakesh Chhabda & others (APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT1 (SB: Hon'ble Mr. N.K. Aaarwai, J.) Present : Shri Samir Singh, Advocate for the appellants. Shri Wasim Miyan, Advocate for respondent No.1. Shri Dashrath Gupta, Advocate for respondent No. 4. ORALPRDER (Passed on 08.08.2011) 1. This is claimants' appeal seeking enhancement in the compensation awarded by llnd Additional Motor Accident Claims Tribunal, Bilaspur (for short 'the Tribunal') in claim case No. 98/08 vide award dated 10.08.2009. 2. As against compensation of Rs. 3,80,000/- claimed by the claimants i.e. unfortunate parents of deceased Nandini Kastryap, aged about 6 years, by filing applteation before the Tribunal under Section 166 ofthe Motor Vehicles Act, 1988 (for .t short 'the MV Act') for the death of deceased in the motor accident on 20.05.2008, the Tribunal assessed and awarded total sum of Rs. 1 ,00,000/- along with interest @ 6 percent per annum from the date of application till its actua! payment. 3. The Tribunal, on a close scrutiny of the evjdence led by the parties, material availabte on the record and submissions of the partieg, held : the accident had occurred due to rash and negligent driving of driver of Maruti Van bearing registratjon No; \v.^'[''.:^ ^-^^i •^ ^ ^' ''^^l^S-^.ip3'' ;'w \"'»«,-^j'/ .'^ '$;... '\;':r"- ..:^: 5. 6. //3 CG-10-7123; Ku. Nandini Kashyap, aged about 6 years, died on account of injuries sustained in the said accident; the respondent No. 4/insurance company liabie for payment of compensation as the insurance company has failed to prove violation of policy conditions; assessed and awarded tota! sum of Rs. 1,00,OOP/- as compensation in favour of ctaimants as against the respondent No. 4 i.e. Unlted India insurance Company. Shri Singh, learned counsel appearing for the appellants would submit: the Tribunal has falten in error in awarding low amount of compensation of Rs. 1 ,00,000/- only which deserves to be suitablv enhanced. On the other hand, Shri Gupta, learned counsel appearing for respondent No. 4/lnsurance Company, relying upon the judgment of Supreme Court in case of Oriental Insurance Co. Ltd. Vs. Syed Ibrahim, reported in 2007 (11) SCC, 512, would submit the amount of compensation awarded by the Tribunal is just and reasonable and does not call far interference. 1 have heard the counsel appearing for the parties and perused the award impugned as well as record ofthe Tribunal. Undisputedly the age of deceased Nandini Kashyap was 6 years at the time of accident. The Supreme Court in case of Oriental Insurance Co. Ltd. Vs. Syed Ibrahim (Supra) has affirmed the award of learned Tribunal awarding compensation to the tune of Rs. 51,500/- in case of death of child of 4 years ^ cs^ v~~~——^ 8. old. The Supreme Court has further held in para 9 & 10 of its judgment as under: "9. This Court in Lata Wadhwa's case (supra) while computing compensation made distinction between 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 earty 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 is capable of assessment on estimated basis nor is the financial loss suffered by the parents capabte of mathematical computation." By applying the ratio of law settled by the Supreme Court in the above referred case, to the facts and circumstances of the present case, in the considered opinion of this court, the amount awarded by the Tribunal cannot be faulted with. For tt\e reasons mentioned hereinabove, there is no scope of enhancement in the award. Accordingly the appeal preferred by the claimants is liable to be and is hereby djsmissed. No order as to costs. Sd./- N-K. Agarwa,' Sahu .-''