(^ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISIQN BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. Appellants Applicants Respondents Non-applicants Misc. Appeal (Cl No. 517 of 2008. 1. Jitendra s/o Rammilan Mishra aged about 36 years. 2. Smt. Ghyan Devi w/o Jitendra Mishra Choki-Belgahna, P.S. Kota, Tahsil & district Bilaspur C.G. Both R/o Village Darsagar Chouk, Majwani, Choki, Belgahna, P.S. Kota, Tahsil & District Bilaspur (C.G.). VERSUS 1. Balwir s/o Ramprasad Gond, aged about 30 years, r/o Patrkoni Naka Gourela, district Bilaspur C.G. (Driver of vehicle bearing No.C.G.- 10/A-7710) 2. Smt. Kiran Tiwari w/o K.K. Tiwari, aged about 45 years, r/o near Durgesh Chitrmandir, Gourela, Pendra Road, P.S. Gourala, district BilaspurC.G. (Owner of vehicle bearing No.C.G.- 10/A-7710) 3 Branch Manager, the Oriental Insurance Company Ltd., front of High Court Bilaspur C.G. Aooeal under Section 173 oftheMotorVehicle Act. 1988 Present: Shri R.K. Jain, counsel for the appellants. Shri Anil S. Pandey, counsel for respondents No.1&2. Shri Sudhir Agrawal and Shri P. Dutta, counsel for respondent No.3. "^ ^. s ^ :^/^ a^ /./ ^ ORDER (01st July, 2011) The following order of the Court was passed by Rajeev Gupta, C.J. The unfortunate parents of deceased girl Anamika @ Pooja, aged about 10 years are the appellants before us in this appeal for enhancement of the compensation awarded by the Third Additional Motor Accident Claims Tribunal, Bilaspur (for short 'the Tribunal') vide award dated 16.01.2008, passed in Claim Case No.208/2007. 2) As against the compensation of Rs.8,60,000/- claimed by the appellants/ claimants, unfortunate parents of deceased girl Anamika @ Pooja aged about 10 years, by filing a claim petition under Section 166 of the Motor Vehicles Act, for her death in the motor accident on 13.02.2007, the Tribunal awarded a total sum of Rs.75,000/- as compensation along with interest @ .7% per annum from the date of filing of the claim petition till the date of actual payment. 3) The Tribunal held the insurer of the offending vehicle Pickup Van bearing registration No.C.G.10/A/7710 liable to pay compensation to the claimants.The Tribunal considering that the claimants' daughter deceased Anamika @ Pooja was aged about only 10 years, awarded a total compensation of Rs.75,000/- to the claimants. The Tribunal further directed payment of interest on the above amount of compensation of ••^^y^^;. ^^w-^^ /^^. j S.^saisja 1 il :^@'£:^'^iffl ll // @ Rs.75,000/- @ 7% per annum from the date of filing of the claim petition till the date of actual payment. 4) Shri R.K. Jain, learned counsel for the appellants vehemently argued that the Tribunal has erred in awarding low compensation of Rs.75,000/- only though the appellants' daughter Anamika @ Pooja was a brilliant student and had a bright future. 5) Shri Sudhir Agrawal and Shri P. Dutta, learned counsel for respondent No.3 - The Oriental Insurance Company Limited, the insurer of the offending vehicle Pickup Van, on the other hand, supported the award and contended that as admittedly deceased girl Anamika @ Pooja was not having any income on the date of the accident, the compensation of Rs.75,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 6) Shri Anil S. Pandey, learnedcounsel for respondents No.1 Balwir and No.2 Smt. Kiran Tiwari, the driver and owner of the offending vehicle Pickup Van also supported the award. 7) The Apex Court while 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. 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 ES c^) deceased children falling within theage 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 onestimated 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. 8) The compensation of Rs.75,000/- 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 claimants' daughter deceased Anamika Pooja was aged about 10 years only, 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. .& '^. ^) 9) As we do not find any scope for enhancement of the compensation awarded by the Tribunal, the appeal filed by the appellants/ claimants for enhancement of the compensation is liable to be dismissed and is hereby dismissed. 10) No order as to costs. Sd/- Chief Justice Sd/- R.N. Chandrakar Judge o ^ w