Extracted from the PDF above. The PDF is authoritative.
(MAC No.1410/2019)
2026:CGHC:19929
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1410 of 2019 {Arising out of award dated 28-1-2019 passed by the Additional Motor Accident Claims Tribunal, Katghora, District Korba in M.A.C.T. Case No.77/2017}
1. Jitendra Shrivas, 36 years, S/o Late Kanhaiya Lal Shrivas,
2. Suman Shrivas, W/o Jitendra Shrivas, 32 years, All are R/o Padimar, Bhadrapara, Ward No.37, Balco Nagar, District Korba. Presently residing at Bagainala, Mungadih, Tehsil Pali, District Korba, Chhattisgarh. (Claimants)
... Appellants versus
1. Saddam Hussain Hasmi, S/o Md. Murtuza Hasmi, R/o Dahezwar, Police Station Balrampur, District Balrampur, Chhattisgarh. (Vehicle Driver)
2. Mahendra Pratap Singh, S/o Shreenath Singh, R/o HIG-277, CGHB Colony, Tatibandh, Raipur, District Raipur, Chhattigarh. (Vehicle Owner)
3. The New India Insurance Company Ltd., through its Branch Manager, Sada Complex, T.P. Nagar, Korba, District Korba, Chhattisgarh. ... Respondents For Appellants : Mr. Pallav Mishra, Advocate. For Respondent No.3 : Mr. Sudhir Agrawal, Advocate. Single Bench:- Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board SISTA SOMAYAJULU Digitally signed by SISTA SOMAYAJULU Date: 2026.04.29 17:44:50 +0530
(MAC No.1410/2019) 29/04/2026
1. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellants herein/claimants seeking enhancement in the amount of compensation, challenging the impugned award dated 28-1-2019 passed by the Additional Motor Accident Claims Tribunal, Katghora, District Korba in M.A.C.T. Case No.77/2017, whereby the learned Claims Tribunal has awarded a total sum of ₹ 7,00,000/- along with interest @ 7% per annum as compensation for the death of Anshu Shrivas, who was minor son of the appellants herein/claimants. 2. Mr. Pallav Mishra, learned counsel appearing on behalf of the appellants herein/claimants, would submit that for death of a boy aged about 14 years, ₹ 7,00,000/- compensation has been awarded which is on lower side and it deserves to be enhanced suitably. 3. Mr. Sudhir Agrawal, learned counsel appearing on behalf of the Insurance Company/respondent No.3 herein, would oppose the appeal and support the impugned award and submit that just and proper compensation has been awarded by the Claims Tribunal to the appellants herein/claimants. 4. I have heard learned counsel for the parties and considered their rival submissions made herein-above and also gone through the record with utmost circumspection. Page 3 of 3 (MAC No.1410/2019)
5.
The Supreme Court in the matter of Harprasad Yadav and another v. Maniram Yadav and others1, for a girl aged about 16 years, has awarded a total compensation to the tune of ₹ 5,88,000/-. 6. Coming to the facts of the case, in light of the aforesaid decision of the Supreme Court, the compensation awarded for a boy aged about 14 years, in the present case, is just and proper and does not require any further enhancement. Consequently, I do not find any merit in this appeal, it deserves to be and is accordingly dismissed. No order as to cost(s). Sd/- (Sanjay K. Agrawal)
Judge Soma 1 Special Leave to Appeal (C) No.22524/2024, decided on 16-10-2025