This claimants' appeal sought enhancement of compensation awarded for the death of a 5-year-old child in a motor accident. Relying on the Supreme Court's standard for young children, the High Court dismissed the appeal, holding the award adequate.
Appeal for enhancement of compensation dismissed; no enhancement granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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HIGH COURT OF CHHATTISGARH AT BILASPUR
DIVISION BENCH
CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI N.K. AGARWAL, J.
| M Appellants Claimants |
isc.Ap 1 |
peal (C) No. 804of2008 Smt. Kusum Bai, w/o Bhagwat Sahu, aged about 25 years, |
|---|---|---|
| 2. | Bhagwat Sahu, s/o Seetaram Sahu, aged about 27 years. |
|
| 3. | Ku. Nandani, d/o Bhagwat Sahu, aged about 03 years. |
|
| Minor, through natural guardian mother Smt. Kusum Bai, w/o. Bhagwat Sahu |
||
| All r/o Indrapuri Hirri, P.S. Hirri, district Bilaspur C.G. VERSUS |
||
| Respondents | 1. | Rajendra Verma, s/o Prahalad Verma, aged about 25 years, r/o village Kalika Nagar Tifra, P.S. Civil Line, Bilaspur C.G. (Driverofvehicle No.C.G.10-C/0746) |
| 2. | Smt. Binu Nair, w/o Dinesh Nair, r/o village Vinoba Nagar, Bilaspur, P.S. Tarbahar, district Bilaspur, C.G. (Registered owner of vehicle NO.C.G.10-C/0746) |
|
| 3 | The Oriental Insurance Company Limited through Branch Manager, the Oriental Insurance Company Limited, Office Bus Stand, Bilaspur C.G. |
Misc. Appeal under Section 173 ofthe MotorVehicle Act.
Present: Shri Rakesh Sahu, counsel for the appellants.
Shri Sourabh Sharma, counsel for respondent No.3.
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Misc.'Appeal (C) No. 804 of 2008
ORDER
(03rdAugust,2011)
The following order of the Court was passed by
Rajeev Gupta, C.J.
This is claimants' appeal for enhancement of the compensation awarded by the Third Additional Motor Accident Claims Tribunal, Bilaspur (for short 'the Tribunal') vide award dated 20.11.2007, passed in Claim Case No.210/2007.
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Misc. Appeal (C) No. 804 of2008
about 5 years on the date of the accident. Her father Bhagwat Sahu was 27 years of age on the date of the accident. He was working as a cook in a hotel, earning Rs.4,000/- per month.
"9. This Court -in Lata Wadhwa while computing compensation made distinction between the deceased children falling within the age group of 5 to 10 years and age group of 10 to 15 years.
The Apex Court in the case of Oriental Insurance Co. Ltd. Vs Syed Ibrahim and others (supra) held that the compensation of Rs.51,500/- was just and proper compensation for the death of a child aged about seven years.
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Misc. Appeal (C) No. 804 of2008
ofthe compensation, therefore, fails and is hereby dismissed.
Sd/Chief Justice
Sd/N. K. Agarwal Judge
subbu
2 issues framed by the court
Whether the compensation of Rs. 75,000/- awarded for the death of a 5-year-old child warrants enhancement.
Whether the Tribunal erred in not awarding higher compensation based on the child's tender age.
Colour shows how this judgement treated each authority
Oriental Insurance Co. Ltd. Vs Syed Ibrahim and othersFollowed¶23
Oriental Insurance Co. Ltd. Vs Syed Ibrahim and others, 2007 (4) TAC-385 (SC)
Lata WadhwaReferred¶23
Lata Wadhwa
2 provisions across 1 enactments
Smt. Kusum Bai & Ors.
Rajendra Verma
Smt. Binu Nair
Oriental Insurance Company Limited
Rajeev Gupta
N. K. Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
