s HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAhfl: HON'BLE SHRI RAJEEV GUPTA, C.J. HON'BLE SHRI RANGNATH CHANDRAKAR, J. Appellants Claimants Respondents Misc. Appeal (Ct No.21 of 2008 1 Arun Jain, Son of Amolak Jain, aged about 30 years 2 Smt Mamta Jaln, Wife of Arun Jain, aged about 23 years Both resident of village-Panduka, P.S. Rajim, District Raipur (CG) VERSUS 1 Vishnu Prasad Chaturvedi, Son of Chaitram, R/o Viliage okhali, P.S. Bhatapara, Gramin, Dlstrtet Raipur Driver of Truck No. CG 04/G-8215. 2 Paramjeet Kaur, D/o Shamsher Singh, Caste Punjabi, R/o Tatibandh, P.S. Raipur (CG) Owner of Truck No. CG 04^3-8215. 3 The Oriental Insurance Company Limited, Branch No.2, Madina R4anjil, Lnsyrer of Truck No. CG 04/G-8215. Misc. Appeal under Section 173 of the Motor Vehicles Act. 1388 Present : Shri A.P. Sharma, counsel for the appetlants. ORDER ith (16m of November, 2009) The following order of the Court was passed by Rajee'v Gupta, C.J. Shri A.P. Sharma, learned counsel for the appellants te heard on admission. 2 ^ 2) The appellants, unfortunate parents of deceased Tushar Jain, are seeking enhancement of the compensation awarded by the Additional Motor Accident Claims Tribunal, Gariaband, Di^rict Raipur (for short, 'the Tribunal') vide award dated 16.10.2007, passed in Claim Case No.1/2007. 3) As against the compensation of Rs.10,18,00)/- claimed by the appellants / claimants, unfortunate parents of deceased Tiehar Jain, a minor boy aged about 3 years, by flling a claim petition under Section 163-A of the Motor Vehlcles Act, for his death in the motor accident on 17.10.2006, the Tribunal awarded a total sum of Rs.60,000/- as compensation along with interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 4) Shri A.P. Sharma, learned counsel for the appellants vehemently argued that the Tribunat has erred in awarding low compensation of Rs.60,000/- only as dweased chikl Tushar Jain would have extended great support to the appettante in their old age. 5) The Apex Court whlle considering as to what would be the just and proper compensation for the death of a child aged about 7 years in the case of Oriental Insurance Co. Ltd. V. Syed Ibrahim and others reported in 2007 (4) T.A.C. 388 (S.C.) observed in paras9& 10: "9. This Court in Lata Wadhwa while computlng compensation made distinction between the \ 3 ^ deceased children falllng within the age group of 5 to 10 years and age group of 10to 15 yeare. 10. In cases of young children of tender age, In view of uncertainties about, 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 capable of assessment on estimated basis nor is the financtat loss suffered by the parents capable of mathematical computation." The Apex Court in the case of Oriental Insurance Co. Ud. V. Syed Ibrahim and others (supra), held that the compensation of Rs.51,500/- was just and proper compensation forthe death of a child aged about seven years. 6) Ncw, reverting to the present case, the compensation of Rs.60,000/- awarded by the Tribunal when examined in the context of the above quoted dictum of the Apex Court in the ease of Oriental Insurance Co. Ltd. V. Syed Ibrahim and others (supra) and the fact that deceased child Tushar Jain was agwl about 3 years only on the date of the accident, we are satisfied, does not call for any^enhancement in this appeat. \^ 7) We, therefore, do not find any scope for enhancement of the compensation awarded by the Tribunal. 8) The appeal filed by the appeltants/claimants for enhancement of the compensation, therefore, is liable to be dismissed and is hereby dismissed summarily. Sd/- Chief Justice R.] Idli'U Judge siAbu r