BEFORE THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR ] MISC. APPEAL fCl No. [\'^~f /2011 APPELLANTS /: CLAIMANTS ^r ^\\ \^{ •^'> ^v^- ^'"^ ^<^\] afdS^ ^.."•'"^-V ^" ...••-.< T^'""^~ 1. Khemraj Dadsfina, S/o Tiharuram, Aged about 29 Years, 2. Smt. Hemlata, •" W/o Khemraj, Aged about 25 Years, Both R/o Santoshi Nagar, Tikrapara, Thana Tikrapara, Raipur, District Raipur, C.G. VERSUS RESPONDENTS: NON-APPLICANTS 1. Rewaram Sahu, S/o Lalji Sahu, R/o Village Sewrath Sindhi, Thana Kotwali, Mahasamund, District Mahasamund C.G. (Driver of Vehicle Metador bearing Registration No. C.G.06/C-4205) 2. Sukhdev Prasad Sahu, S/o Kanhaiyalal Sahu, R/o Qr.No. 149 Machewa, Post Bamni District Mahasamund C.G. (Owner of Vehicle Metador bearing Registration No. C.G.06/C-4205) Reliance General Insurance Company Limited, Through In Charge Officer/ Manager, Reliance General Insurance Company Limited, Shop No.412, 413 4th Floor, Ravi Bhawan, Jai Stambh Chowk Raipur, C.G. (Insurer of Vehicle Metador bearing Registration No. C.G.06/C-4205) 4- sD/°on^S.^'H.^- £a^, R/o ViTiage~*Atang, P.D. Achhoti, Tehsil C.G. Kurud, District Dhamtari ^y" (Owner of Vehicle Jeep bearing Registration No. C.G.05/B-4671) 5, United India Insurance Company " Limited, Through Manager/ Divisional Manager, United India Insurance Company Limited, Kutchery Chowk Raipur, District Raipur, C.G. (Insurer of Vehicle Jeep bearing Registration No. C.G.05/B-4671) APPEAL UNDER SECTION 173 OF MOTOR VEHICLE ACT. 1988 FOR ENHANCMENT OF COMPCNSATION AMOUNT 81 HIGH COURT OF CHHATTISGARH AT BILASPUR M.A.fC') No. 427 of2011 ^ APPELLANTS RESPONDENTS Khemraj Dadsena & another , VERSUS Rewaram Sahu & others fMisc. Aopeal under Section 173 ofthe Motor Vehicles Act) SB: Hon'Me Shri Justice N. K. Aearwal sent : Shri Salyendra Sahu, Advocate for the appellants. ORAL ORDER (Passedon 08.04.2011) 1. Heard on IA.No. 1, application for condonation ofdelay in filing the appeal. 2. On due consideration, the grounds mentioned in the application, we are satisfied that Ihe appellants has succeeded in explainin^ the cause of delay in filing the appeal. Therefore, the application is allowed and the delay caused in filing the appeal is hereby condoned.' 3. The instant appeal has been filed by the a{yellants, seeking enhancement ofthe compensation in the award dated 18.11.2010, passed by the DCth Additional Motor Accident Claims Tribunal (FTC), Raipur (for short 'the Tribunal'), in elaim ease No. 67/2010, whereby a sum ofRs, 1^65,000/- as total compensation along with interest @ 7.5 percent from the date of filing of application till its payment has been awarded to the appellaiits. 4. Brief facts of the case according to the appellants are that, on 21.05^009, Neelkamal, aged about three years (since deceased) was traveling in Jeep bearing registration No. CG-05-B-4671, the ff ff Si \-y '"^'...^" driver of Matador bearing registration No. CG-04-CQ-5693 dashed the said vehicle by driving the vehicle rashly and negligently, as a result of which Neelkamal succumbed to the injuries sustained in the said accident. 5. Shri Sahu, learaed counsel appearing for Jfihe appellants would submit: Tribunal has erred in awarding low compensation to the appellants vAich deserves to be suitably enhanced. ^. I have heard the counsel appearing for the appellants and perosed the order impugned. 7. The Supreme Court m case of Oriental Insurance Co. Ltd. Vs. Syed Ibrahim and Others, has affirmed the award of leamed Tribunal awarding compensation to the tune of Rs. 51,500/- in case of death of child of 4 years pld. In the instant case the tribunal has awarded a sum of Rs. 1,65,000/- for the death of three years old child, which cannot be said to be on lower side. 8. In view of above, in the considered opinion of this court, the tribunal has not committed any illegality in awarding aforesaid amount ofcompensation which isjust and reasonable. 9. For fhe reasons meationed hereinabove, the appeal deserves to be and is hereby dismissed. No order asto costs. Sahu Sd/- N.K. Agarwal Judge •^: 12007(11)SCC512