^- s:-^\ ^? ^,,. ()h OF i AJ MVISION Uf^^!*Q!! ^ SSUQ! ^^^.i^^l^TU r^'UA^..! Fi^l^' ^L.C ^nr€il'^Mt^i3S^^I n i^H^I'il S5 ?- yr ^. o j s^^r-^^^i; ^, M.A.JC) PR_NO. Of mfi c /•^Lf^JIC' &Di3eiJam • Smt Gouri Bai Sahu, aaed 25 years, \^n^ oi-.?': T^,-;":! ; O/->-A O—K!? o//^ VV/0 oHH 1 H3HU KSIT1 SSHU, K/0 Viiiaae O.^.;,.^, ,^ /^.r>\ r^ciipui' {^^s^ *-,^"^..-^^i?^ Thanu Ram Sahu, aged 29 years, S/o Dhannu Ram Sahu, R/'o Village Bhaistara, P.S. Rajim, District Raipur ff^- n \ {i^.VS.I 2, Briiraj Sahu, S/o Shri Bannu Ram Sahu, R/o Viiiage Bhaistara, PS Raiim. Dlstrict Ralpur (CG') 3. ICiCI Lombard Generai insurance Company Limited, 3 Msia Laiganga Shopping Mal, G.E. Road, Raipur /r^r^,\ SVI'sc. Aooea! under Section 17 < f ^* MS .i¥I^B nircs "rasent: Shri S.K. Guha, iearned counsel for the aDoeilant. 'i'" ••!st0'*tnhs.r The foilowina order of the Court was passed bv Kareev uupt Guota. C.J. Shri S.K. Guha, learned counsei for the eppeilant is heard on aamsss'on. VK 2) Appeliant Smt. Gouri Bal Sahu is seeking enhancement of the compensatlon awarded bv the Ninth Additjonal Moior Accldent Clalms Tribunal, Raipur (for short 'the Tribunai') vide awsrd dated 12.09.2007, passed in Claim Case No.35/2007. 3) As aqainst tne comDensation of Rs.5,00,000/- ctajmed bv the aDDeliant/ ciaimant. unfortunate mother of deceased Ku. Renuka, bv fiiina s claim Detition under Section 163-A of the Motor Vehicies Act. for her death in the motor accidenf on 01.01.2007, the Tnbunai awarded a total sum of Rs.1.57,000'- as compensation alona with interest ®.7.5% per annum from the date of fliing of the ciaim petition t'il the date of actual payment. 4) Shri S.K. Guha, learned counsel for the appel'ant vehementiv araued that the Tribunal has erred in awardinf compensatlon of Rs.1,57,000/- only. 5) The Apex Court white considering as to what wouid be amount of just and oroDer compensation for the desth of a c aaed about 7 vears in the case of Orientai linsurance Co. Vs Sved Sbrahlm others. reported In 2007 (41 TAC (SCI. observec! in oaras 9 & 10 : "9. This Court in ista Wadhwa whiie comoutlna compensation made distinctlon between the deceased chiitiren fallina wjthin the aae aroup of 5 to 10 vears and aae arouo of 10 to 15 vears. tow the hHd Ss..i.! •fc/ W 10. In cases of young children of tender view of uncertainties abound, neither their inco the time of death nor the prospects of the increase in their income nor chance illi.; advancement of their career are capabte of proper determination on estlmated 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 chjid capa.ble of assessment on estimated basis nor is the financial !oss suffered by the parents capabie o»mathemstica! comDutatJon." The Apex Cc.urt in the csse of Orientai Insurance Co. Ltd. Vs Syed ibrahlm others (supra), he|d that the compensation of Rs.51,500/- was just and proper compensation for the death of a child aaea about seven vears. 6i The comDensation of Rs.1.57-000/- awarded bv the Trlounai when examlned in the context of the above auoted dictum of the Aoex Court in the case of Oriental Insurance Co. Ud., (supra) anc! the fact that the ciaimant's daughter Ku. Renuks was aged about 7 yeare on!y on the date of the iccident. we are satjsfied. does not call for snv enhancement in tnis apDea:. 7") Vve, therefore, do not find anv scoDe for enhancement of the comDansation awamed bv the Tribunal. 8) The app<aa' ?1 ied by the SDDellant/ clair enhancement of comRensation, therefore, Is liable to be c^ nimms dismtssed and is hereby dismissed on ments summariiy notwlthstandina that it Is hooelesslv time barred bv as manv as 981 davs (about three vears). — - • Sd/- Chief Justice Sd/- ,. R.N. Chandrakar ie