y3 HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISIQNBENCH CORAM: APPELLANTS Clasmants HON'BLE SHRI RAJEEV GUPTA, CJ. HON'BLE SHRI SUNIL KUMAR SINHA, J. IVI.A. (C) No.754/2009 1 Mantrilal Son of Jhagarram, Kaushik, aged about 44 years 2 Kanti Bai Wife of Mantrilal Kaushik, aged about 41 years; Both residents of Dhamni, Tahsil and Police Station Mungeli, District Bilaspur RESPONDENTS 1 VERSUS Jaggu @ Cholaram Kenwat Son of Mohan, aged about 23 years, Resident of Salfa, Tahsil Mungeli, District Bilaspur (CG) Smt Kamla Bai Wife of Shri Bholaram, Resident of Umariya, Post Bawli, Police Station Pathariya, Tahsil Mungeli, District Biiaspur (CG) The New India Insurance Company, Bus Stand, Bilaspur (CG) MEMO OF APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT. 1988 Present: Shri Anand Kesharwani, counsel for the appellants. ORDER (13th May, 2009) The following order of the Court was passed by Rajeev Gupta, CJ. yt r- ^ Shri Anand Kesharwani, learned counsel for the appellants is heard on IA.No. 01/2009, an application for condonation ofthe delay in filing the appeal. 2. On due consideration of the submissions of learned counsel for the appellants and the grounds taken in the appiication, we are satisfied that the appellants have succeeded in showing sufficient cause for the delay in filing the appeal. 3. I.A. No.01/2009, therefore, is allowed and the delay in filing the appeal is hereby condoned. 4. Shri Anand Kesharwani, learned counsel for the appeljants is heard on admission. 5. The appellants, unfortunate parents of deceased boy Ravi @ Chandra Prakash, aged about 12 years are seeking enhancement of the compensation awarded by the Additional Motor Accident Ctaims Tribunai, Mungeli, District Bilaspur (for short 'the Tribunal') vide award dated 01.08.2008, passed in Ciaim Case No.60/2007. 6. As against the compensation of Rs.50,10,000/- claimed by the appellants/ claimants for the death of their son Ravi @ Chandra Prakash, aged about 12 years in the motor accident on 04.02.2007, the Tribunal awarded a total sum of Rs.1,54,500/- as compensation along with interest @ 7% per annum from the date of filing of the claim petition till the date ofactual payment. 7. Shri Anand Kesharwani, learned counsel forthe appeilants vehemently argued that the compensation of Rs.1,54,500/- ^( awarded by the Tribunal is too low as the deceased wouid have extended support to the appellants in their old age. 8. The compensation of Rs.1,54,500/- awarded by the Tribunal when examined in thecontext of the dictum of the Apex Court in the case of Oriental Insurance Company Limited Vs. Syed Ibrahim and other, reported in 2007 (4) TAC 385 SC and the fact that the appellants' son deceased Ravi @ Chandra Prakash was aged about 12 years only on the date of the accident, we are satisfied that the compensation of Rs.1,54,500/- awarded by the Tribunal does not call for any enhancement in this appeal. 9. The appeal, therefore, is liable to be dismissed and is hereby dismissedsummarily. Sd/- Chief Justice Sd/- Sunil Kumar Sinha Judge subbu