RAVINDRANATH TAMRAKAR Vs. AMAR SINGH DHRUV & ORS.

JUDGEMENT

(1.) SHRI N.K. Chatterjee, learned counsel for the appellant is heard on M.(C).P. No. 1281 of 2004, a petition of condonation of the delay in filing the appeal. On due consideration, M.(C).P. No. 1281 of 2004 is allowed and the delay in filing the appeal is hereby condoned. Shri N.K. Chatterjee, learned counsel for the appellant is heard on admission. Appellant Rabindranath Tamrakar is seeking enhancement of the compensation awarded by the Seventh Additional Motor Accident Claims Tribunal, Durg (for short 'the Tribunal'), vide award dated 29.03.2004, passed in Claim Case No. 74/2002. As against the compensation of Rs. 15,82,000/ - claimed by the appellant/claimant by filing a claim petition under Section 166 of the Motor Vehicles Act for the death of his son Umang, aged about 8 years in the motor accident on 22.10.2000, the Tribunal awarded a total sum of Rs. 64,500/ -as compensation along with interest @ 9% per annum from the date of filing of the claim petition till the date of actual payment. Shri N.K. Chatterjee, learned counsel for the appellant vehemently argued that the compensation of Rs. 64,500/ - awarded by the Tribunal is too low as deceased child Umang would have provided support to the appellant in his old age. The Apex Court in the case of Oriental Insurance Co. Ltd. Vs. Syed Ibrahim and others, reported in, 2007 (4) T.A.C. 385 (SC), while laying the guidelines for assessment of the compensation in the case involving death of a child observed in para 9 as under:

(2.) IN case 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 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. Therefore, neither the income of the deceased child is capable of assessment of estimated basis not the financial loss suffered by the parents is capable of mathematical computation. In the case of Oriental Insurance Co. Ltd. Vs. Syed Ibrahim (supra), the Apex Court reduced the amount of compensation from Rs. 1,52,000/ - to Rs. 51,500/ - (awarded by the Tribunal) for the death of a child aged about 7 years. On due consideration of the submissions of learned counsel for the appellant and in view of above quoted dictum of the Apex Court in the case of Oriental Insurance Co. Ltd. Vs. Syed Ibrahim (supra), we do not find any scope for enhancement of the compensation awarded by the Tribunal.

(3.) THE appeal filed by the appellant for enhancement of the compensation, therefore, is liable to be dismissed and in hereby dismissed summarily.