HIGH COURT OF CHHATTISGARH AT BILASPUR DWISION BENCH CORAM: HON’BLE SHRI RAJEEV GUPTA, C.J. & \ HON’BLE $HR! RANGNATH CHANDRAKAR, J. Misc. Appeal No. 48 of 2006 AppeHants 1. Rewa Ram Sahu s/o late Shri Umendi Ram Sahu by caste Teli, aged about 43 years. 2. Smt. Kanti Sahu wlo Shri Rewa Ram Sahu by caste Teli aged about 4O years, both r/o Shriram Nagar, Kanker, P.S. and Tah. Kanker Distt. Kanker (C.G.) r‘ VERSUS Resoondents (Driver) Rahiman Mandawi s/o shri Kartik Mandawi by caste Gond, aged about 25 years, r/o Village Telgara PLost Lakhanpuri, Tah. Charama, Distt. Kanker (C.G.) (Owner) 2 Vishwajeet Thakur s/o Shri Nandan Singh Thakur, aged about 40 years, Rio Telgara PLost Lakhanpuri, Tah. Charama, distt. Kanker (C.G.) 3 The Oriental insurance Company Limited, Branch Dhamtarl, through its manager distt. Dhamtari (C.G.) Miscellaneous Appeal ulS 173 of the Motor Vehicle Act, 1988 Present : Shri R.S. Patel, learned counsel for the appellants. Shri R.N. Jha, learned counsel for respondents No. 1 & 2. Shri Sudhir Agrawal and Shri P. Dutta, learned counsel for respondent No.3. @ ORDER (04m January, 2011) The following order of the Court was passed by Rafeev Gupta, C.J. This is claimants’ appeal for enhancement of the compensation awarded by the Fourth Additional Motor Accident Claims Tribunal, Kanker (for short, ‘the Tribunal’) vide award dated 08.08.2005, passed in Claim Case No. 11/2004. 2) As against the compensation of Rs.18,88,560/- claimed by the appellantsf claimants, unfortunate; parents of deceased Rakesh Sahu, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 16.09.2003, the Tribunal awarded a total sum of Rs.75,000/~ as compensation along with interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 3) The Tribunal on a close scrutiny of the entire evidence led before it. held that the claimants’ son Rakesh Sahu died on account of the injuries sustained by him in the motor accident on 16.09.2003; the accident occurred due to rash and negligent driving of the motorcyclist of the Motorcycle bearing registration No.C.G.05-1722; as the above Motorcycle on the date of the accident was insured with the Oriental Insurance Company Limited and the insurance Company could not establish any breach of the policy Conditions, the Insurance Company was liable to pay compensation to the claimants. 4) As the respondents have not filed any appeal against the award, the above findings recorded by the Tribunal have now attained finality. 5) The Tribunal considering the age of the deceased child Rakesh Sahu and the other relevant factors awarded a total sum of Rs.75,000!~ as compensation to the claimants. The Tribunal further directed payment of interest 'on the above amount of compensation of Rs.75,000/— @ 6% per annum from the date of tiling of the claim petition till the date of actual payment. 6) Shri R.S. Patel, learned counsel for' the appellants submitted that the Tribunal has erred in awarding low compensation of Rs.75,000l— only though deceased child Rakesh Sahu would have extended great support to his parents in their old age. 7) Shri Sudhir Agrawal and Shri P. Dutta, learned counsel for respondent No.3, the Oriental Insurance Company Limited, on the other hand, supported the award and contended as deceased child Rakesh Sahu was not having any income at all at the time 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. 8) Shri R.N. Jha, learned counsel for respondents No. 1 & 2 also supported the award. 9) Deceased Rakesh Sahu was aged about 13 years on the date of the accident. He was a student of 9‘“ standard. it has come in the evidence of AW1 Rewa Ram Sahu, father of the deceased that deceased Rakesh Sahu was a brilliant student and had a bright future. Deceased Rakesh Sahu but for his untimely death in the accident; would have extended great support to his parents in their oid age. 10) The compensation of Rs.75,000/— awarded by the Tribunal when examined in the contextrof the above mentioned broad features of the case, in our opinion, is somewhat on the lower side and deserves to be enhanced to some extent. 11) Considering all the relevant aspects of the matter, we are of the opinion that further award of Rs.15,000/- inclusive of ' interest component on the enhanced amount of compensation would make'the compensation of Rs.75,000/— awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case. 12) The appeal filed by the appellants! claimants for enhancement of the compensation, therefore, is allowed in part. The claimants are awarded further sum of Rs.15,000/- inclusive of interest component on the enhanced amount of compensation in addition to the sum of Rs.75,000l— awarded by the Tribunal. 7 13) Respondent No.3 the Oriental Insurance Company Limited is granted three months’ time for depositing the total sum of Rs.15,000l- before the concerning Claims Tribunal. 14) No order as Sdl- Chandrakar Sd/‘ Rangnath K Judge Chief Justice if ,