cF BEFORE THE HON'BLE HIGH COURT QF CHHATTISGARH AT BILASPUR M.A. r0 No. ^5 /2010 APPELLANTS: CLA1MANTS ...-\ 1. Niranjan Sarkar S/o Late Shri Nityanand Sarkar Aged about'38 years 2. Aditya Sarkar S/o ShriNiranjan Sarkar Aged about 01 years Appettant No.-2 is minor, Represented by his natural guardian amd father Nirranjan Sarkar. Both R/o 11 Block Mana Camp, Raipur, Tehsil and District- Raipur (C.G.) VERSUS RBSPONDENTS: NON-A^PLICANTS 1. Sajal Vishwash S/o Sukum Vishwash Aged about 24 tears R/o Mana Camp, Raipur, Tehsil and District- Raipur (C.G.) (Driver of Vehicle bearing Regd. No. C.G. 04/0-0559) 2. Smt. Neha W/o Niranjan Sarkar R/o 11 Block Mana Camp, Raipur, Tehsil and District- Raipur (C.G.) Through-Yogesh ChandraOash, H.No.78, New market Mana Camp, Raipur, Tehsil and District- Raipur (C.G.) (Owner of Vehicle bearing No. C.G 04/0-0559) 3. National Insurance Company Limited. Through Divisional Manager, National Insurance Company Limited, Branch Office No.l Naveen Bazar Phool Chowk, G.E. Road, Raipur (C.G.) Other Address- National Insurarice Company Limited, Through DivisiQnal -+^' ^KIBS ^•^^sss Manager, National Ihsurance Company Limited, Infront of Rajbanda Ground G. E. Road Raipur (C.G.) (Insurar of the Vehicle bearing No. C.G. 04/0-0559) APPEAL UNDER SECTION173 OF MOTOR VEHICLE ACT, 1988 FOR COMPENSATION. \' ^•^^^SSffSi9SS^^^ J-tlGH GOURT OF CHHATTISGARH AT BILftSPUK DIWiSIONBENCH Bl-' BSi' y S-.-'i' ^•^. ApDellants Claimants il'BLESHRlFyit.)iEEVGt.lPTA,C.J,& HON'BLESHRl!^A SMXTHCHftNDRAKAR,J, Misc.ADpeal(GlNo.8S8of2010 1. Niranjan Sarkar, S/o Late Shri Nityanand Sarkar, aged about 38 years 2. Aditya Sarkar, S/o Shri Niranjan Sarkar, aged about 01 year Appellant No.2 is minor, represented 6y his 'nafyral guardian and father Niranjan Sarkar Both R/o 11 Block Mana Camp. Ralpur, Tehsi! and District—Raipur Non-applicants Seyal Vishwash S/o Sykum Vishwash aged about 24 years R/o Mana Camp, Raipur, Tehsil and Distri6t-Raipur(CG5 Smt.Neha W/o Niranjan Sarkar, R/o 11B!ockManaCamp,Raipur,Tehst! ahd District - Raipur (CG) Through - Yogesh Chandradash, H No. 78, New Market, Mana Camp, Raipur, Tehsil and District - Raipur <c^ :-'';1:'~''\';,' (Qwner of Vehicle bearing No. CG 04/0-0559) NafiQnal Insurance- Gompany Limited,;thrGygh Djvisional Manager, National Ihsurance Company Limited,! Branch OfficeNo.1, Naveen Bazar Phool Chowk, GE Road, :Raipyr(CG)''' :::,..,,:;:,, ..: : :• • 1 Other Address - Nationai Insurance ComDanv Limited. Throual' Divisional Manager, Nationa! insurance Company Limited, !n front of Raibanda Ground GE Road, Raipur (CG) (insurer of the Vehicle bearing ^i^ /^f n^/r^ n?";?"! i'tlv.o^ U-H^-Us.)^^? iVijsc. ADoea! sinder Sectlon 173 of Motor Vehicles Acl Present: Shri Satvendra Sahu and Shri Viiay Kumar Sai counssi lor ins ^opsusnrs. fflfi1" Qcfnher. 281i The foiiowjna order ic Court was passed bv GuDta. C.J, Shri Satvendra Sahu and Shri Vllav Kumar Sahu, iearned counsei for the aDDel!ants are heard on I.A. No-01/'2010, an app'ication for condonation of the delay in fiiing tne appeal. 2) On due consideration of the submissions of iearned counsel for the aopellants and the arounds taken in the aDD'ication, we are satisfied that the aDDeliants have succeeded In showina sufficient cause for the de'sy in fiiina the aDoeai. 3s I.A. No. 01/2010, therefore, is ailowed and the delav in filing the apDeal is herebv condoned. 41 Learned counsel for the appellants are heard on aamission. 5) The appellants are seeklng enhancement of the comDensation awarded bv the Nlnth Additiona! Motor Accident Cialms Tribunai, Raipur (forshort 'the Tnbunal') vide award dated 20.10.2008. oassed In Cialm Case No.21/2008. 6) As against the compensation of Rs.9,30,000/- daimed by the aoDe'lsnts' claimants. unrortunate father snd vounaer brother of cieceased girj Ku. Nisha Sarkar, aged about nlne years by filing a cia'm Detrtlon under Section 1S3-A of the Motor Vehicles Act 1988, for her death in the motor sccldent on 11.09.2007. the Tribuna! awarded a total sum of Rs.51 .OOO/- as comDensstion aiona vvrth Interest @ 7.5% 'oer annum from the date of filina of the cialm Detition ti'l the date of actual oavment. . 7'! Learned counsei for the SDDeS'ants vehementiv araued that the Tribunal has erred In awardlna low comoensation of Rs.51 -OOO/- onlv. 8) The Aoex Court whiie conslderina as to what would be the amount of lust and prooer comDensatlon for the death of a child ' ^ ~ • r ~ \ r ac;ed about 7 vears In th.e case of Orierital insurance Co, Ltd. Vs Sved IbraWm others. reDortsd In 2007 «41 TAC 38i •ISC1. observed in oaras 9 & 10 : "9. Thls Court in Lata Wadhwa whs!e comDut comaensation made csjstinction between aeceased ch'idren faliinci within the aae arouo of 10 vears and aae orouD of 10 to 15 vears. rting the 5to 10 In cases of young children of tender age; In view of uncertalnties abound. neither their 'ncome at the time of death nor the orosoects of tlie future increase In their 'ncome nor chances of advsncement of their career are caoable of oroDer .^ tieterminatjon on estimated basis. The reason Is that at such an early age, the unceriainttes In regard to t'heir academic Dursuits, achievements In career and thereafter advancement in life are so .manv that nothinq can be assumed with reasonabie certaintv. Therefore, neither is the Income of the deceased chitd caoable of assessmen? on estlmated basis nor is the flnancial loss suffered bv the Darents caoable of mathematica! computation." T»^£S ! ne ADSX court in tne case OT onerital insun >/s Sved !forahijTs compensation of Rs.51,500/- was just and proper for the death of a chiid aged about seven years. ^. tk-^'M' that the oensation 9) The compensstjon of Rs.51 ,000./- awar examined tn the context of the dictum of the Aoex Couri in the case ot on brahlm an' others, (SuDras and the fact that decessed airi Ku. N'sha Sarkar was aaed sbout nine vears oniv on the date of the accident. we are satisfied; is just and proper compensation and does not cali for anv enhancemsnt in this appea'. W) The appea! fi!ed by the appeltants/ cialmants for enhancement of the compensatic^, therefore. fai's and is herebv dlsmissed summarilv. Sd/- Chief Justsce Sd/- R.N. Chandrakar Judge nimmi