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2025 DAILYLAW 10140 (CHH)

KHOOBLAL SAHU v. KALESHWAR SAHU

MAC/340/2022 · 2025-09-18

Shri Sanjay K Agrawal

Public Interest Litigationbody2025

Judgment text

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(MAC No.340/2022) 2025:CGHC:48364 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 340 of 2022 1. Khooblal Sahu, S/o Shyam Lal Sahu, Aged about 33 years, R/o Ward No. 08, Amli Para, Siyanmara, Post Belaudi, Tahsil Gunderdehi, District Durg, Chhattisgarh (Claimant) 2. Smt. Rewati Bai (Died and deleted) ... Appellant versus 1. Kaleshwar Sahu, S/o Purushottam Sahu, Aged about 22 years, R/o Ward No. 14, Ram Nagar, Bhatapara, Armarikala, P.S. & Tahsil Gurur, District Durg, Chhattisgarh (Driver) 2. Rewat Ram Sahu, S/o Pila Ram Sahu, Aged about 46 years, R/o Ward No. 12, Armarikala, P.S. & Tahsil Gurur, District Durg, Chhattisgarh (Owner) 3. The Oriental Insurance Company Limited, Through Zonal Manager, Office at G.E. Road, Parmanand Bhawan, Near Rajendra Park, Durg, P.S. Mohan Nagar, Tahsil Gurur, District Durg, Chhattisgarh. (Insurer) ... Respondents For Appellant : Mr. P.R. Patankar, Advocate. For Respondents : None present though served. Single Bench:- Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 19/09/2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, ‘the Act of 1988’) has been preferred by the appellant herein/ SISTA SOMAYAJULU Digitally signed by SISTA SOMAYAJULU Date: 2025.09.23 10:23:48 +0530 (MAC No.340/2022) claimant seeking enhancement in the amount of compensation, challenging the impugned award dated 10-11-2021 passed by the 7th Additional Motor Accident Claims Tribunal, Durg in Motor Accident Claim Case No.153/2020, whereby the learned Claims Tribunal has awarded a total sum of ₹ 5,71,000/- as compensation for the death of 12 years aged son of the appellant herein/claimant. 2. Mr. P.R. Patankar, learned counsel appearing on behalf of the appellant herein/claimant, would submit that the amount of compensation awarded by the Claims Tribunal be enhanced suitably, as just and proper compensation has not been awarded. 3. I have heard learned counsel for the appellant and considered his submissions and also gone through the record with utmost circumspection. 4. The Supreme Court in the matter of Meena Devi v. Nunu Chand Mahto alias Nemchand Mahto and others1 for the death of a child aged about 12 years, a total amount of compensation of ₹ 5,00,000/- has been awarded along with interest @ 7% per annum. 5. In this case also, the deceased was aged about 12 years and in light of the aforesaid decision of the Supreme Court, 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 AIR 2022 SC 5006 : (2023) 1 SCC 204