''"s;--. ^ "^ ..^•>f^ ^ ^y.:w^\ ^. ^"'^^^ {a HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLESHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. Appellants Claimants Misc. Appeal fC) No.784 of 2011 1. Vijay Pratap Singh, S/o Sardar Baldev Singh, aged about 31 years 2. Smt Poonam Kaur, W/o Vijnay Pratap Singh, aged about 24 years. Both are resident of near Gurudwara, Dalli Rajhara, distt. Durg C.G. VERSUS 1. Sudarshan Prasad Gupta, s/o Bihari Gupta, aged about 39 years, r/o Krishna Nagar, Ganesh Chowk, P.S. Supela, distt. Durg C.G. 2. Siya Ram Sahu, s/o Puna Ram Sahu, r/o Nala Chowk, Sahu para, Fafadih, Raipur, distt. Raipur C.G. 3. Divisional Manager, the New India Insurance Company Limited, Parakh Bhawan, Bhilai, distt. Durg C.G. Appealunder Section 173 ofthe MotorVehicle Act. Respondents Non-claimants ^ Present: Shri B.P. Singh, counsel for the appellants. ORDER ;th (25mJuly,2011) The following order of the Court was passed by Rajeev Gupta, C.J. ^«-^^ 'y^. ' ; '^ c Shri B.P. Singh, learned counsel for the appellants is heard on I.A.No.01/2011, 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 application, we are satisfied that the appellants have succeeded Jn showing sufficient cause for the delay in filing the appeal. 3) I.A.No.01/2011, therefore, is allowed and the delay in filing the appeal is hereby condoned. 4) Shri B.P.Singh, learned counsel for the appellants is heard on admission. 5) The unfortunate parents of deceased child Lakhvinder Singh, aged about 2 years are seeking enhancementof the compensation awarded by the Additional Motor Accident Claims Tribunal, Balod (for short 'the Tribunal') vide award dated 08.07.2010, passed in Claim Case No.34/2009. 6) As against the compensation of Rs.5,70,000/- claimed by the appellants/ claimants, unfortunate parents of deceased Lakhvinder Singh, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 07.12.2008, the Tribunal awarded a total sum of Rs.50,000/- as compensation along with interest @ 9% per annum from the date of filing of the claim petition till the date of actual payment. 7) Shri B.P.Singh, learned counsel for the appellants vehemently argued that the Tribunal has erred in awarding low compensation of Rs.50,000/- only. 8) Deceased Lakhvinder Singh was aged about 2 years on the date of the accident. The claimants are his parents, aged about 31 years and 24 years, respectively. 9) The Apex Court while considering as to what would be the just and propercompensation for the death of a child aged about 7 years in the case of Oriental Insurance Co. Ltd. Vs Syed Ibrahim and others, reported in 2007 (4) TAC-385 (SC) observed in paras 9 & 10 : "9. This Court in Lata Wadhwa while computing compensation made distinction between the 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 thetimeof 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 early 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 capable of assessment on estimated basis nor is the financial loss suffered by the parents capable of mathematical computation." The Apex Court in the case of Oriental Insurance Co. Ltd. Vs Syed Ibrahim and others (supra) held that the compensation of Rs.51,500/- was just and proper compensation for the death of a child aged about seven years. 10) The compensation of Rs.50,000/- awarded by the Tribunal when examined in the context of the above-quoted dictum of the Apex Court in the case of Oriental Insurance Co. Ltd., (supra) and the fact that the appellants' son Lakhvinder Singh was aged about 2 years only, on the date of the accident, we are satisfied, is just and proper compensation in the facts and circumstances of the present case and does not call for any enhancement in this appeal. 11) The . appeal filed by the appellants/ claimants for enhancement of the compensation, therefore, fails and is hereby dismissed summarily. Sd/- ChiefJustice Sd/- R.N. Chandrakar Judge subbu