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2009 DIGILAW 279 (CHH)

SUKH SAGAR v. RAJENDRA KUMAR @ RAJU SAHU

2009-10-27

RAJEEV GUPTA, T.P.SHARMA

body2009
ORDER As per Hon'ble Shri Rajeev Gupta, C.J. :- 1. This is claimants' appeal fur enhancement of the compensation awarded by the Additional Motor Accidents Claims Tribunal, Bhatapara, District Raipur (for short "the Tribunal") vide award dated 19.12.2006, passed in Claim Case No. 27/2006. 2. As against the compensation of Rs.6,00,000/- claimed by the appellants/ claimants, unfortunate parents of deceased Devendra Kumar Sahu, aged about six years by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 06.05.2006, the Tribunal awarded a total sum of Rs.1,50,000/- as compensation along with interest @ 9% per annum from the date of filing of the claim petition till the date of actual payment. 3. Shri A.S. Rajput, learned counsel for the appellants vehemently argued that the compensation of Rs.1,50,000/- awarded by the Tribunal is too low as the appellants' son deceased Devendra Kumar Sahu would have extended great support to the appellants/ claimants in their old age. 4. Shri Anand Gupta, learned counsel for respondent No.3, New India Insurance Company Limited, on the other hand contended that the Tribunal has been quite liberal in awarding excessive amount of Rs.1,50,000/- as compensation to the claimants. 5. Shri Vimlesh Bajpai, learned counsel for respondent No.2, the owner of the offending vehicle also supported the impugned award. 6. The Apex Court while considering as to what would be the just and proper compensation for the death of a child aged about seven years in a motor accident, in the case of Oriental Insurance Co. Ltd. Vs. Syed Ibrahim and others-1 observed in paras 9 and 10 : 1. 2007(4)TAC 385 (SC) "9. This Court in Lata Wadhwa (2001) 8 SCC 197, while computing compensation made Distinction between the deceased children falling within the age group of 5 to 10 years and age group of 1 0 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 detem1ination on estimated basis. The reason is that at such an early age, the uncertainties in regard to their academic pursuits, achievements in carrier and thereafter advancement in life are so many that nothing can be assumed with reasonable certainty. The reason is that at such an early age, the uncertainties in regard to their academic pursuits, achievements in carrier 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 view of the above observations held that the compensation of Rs.51,500/- was just and proper compensation for the death of a child aged about seven years. 7. Now, reverting to the present case, admittedly the appellants' son Devendra Kumar Sahu was aged about six years on the dale of the accident. The compensation of Rs.1,50,000/- awarded by the Tribunal when examined in the context of the above quoted observations of the Apex Court in the case of Oriental Insurance Co. Ltd. Vs. Syed Ibrahim and others-1 (supra), we are satisfied, does not call for any enhancement in this appeal. 8. The appeal filed by the appellants/ claimants for enhancement of the compensation, therefore, is liable to be dismissed and is hereby dismissed. 9. No order as to costs. Appeal Dismissed.