Page No.1 of 3 IN MAC-07-2023 2025:CGHC:39508 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 7 of 2023 [Arising out of award dated 30.09.2022, passed in Claim Case No.144 of 2021 (Smt. Beena Bai and another vs. Abhishek Deshlahare and others) by the Motor Accidental Claims Tribunal, Balod (CG)] 1 - Smt. Beena Bai W/o Bhwan Lal Koliyara Aged About 40 Years R/o Village And Post Narratola P.S. And Tahsil Dondi, District Balod Chhattisgarh. (Claimants) 2 - Smt. Manbha W/o Late Kachru Ram Koliyara Aged About 80 Years R/o Village And Post Narratola P.S. And Tahsil Dondi, District Balod Chhattisgarh. ... Appellants Versus 1 - Abhishek Deshlahare S/o Ramratan Deshlahare Aged About 23 Years R/o Village Pauwara, P.S. Ranchirai, Tahsil Gunderdehi, District Balod Chhattisgarh. (Driver) 2 - Ramcharan Kurre S/o Late Kanshiram Kurre Aged About 40 Years R/o Village Sikosa, P.S. And Tahsil Gunderdehi, District Balod Chhattisgarh. (Owner) 3 - Branch Manager/divisional Manager Reliance General Insurance Company Limited, Shop No. 516, 5th Floor, National Corporate Park, Commercial Complex, G.E. Road, Raipur, District Raipur Chhattisgarh. ... Respondents [Cause-title taken from Case Information System (CIS)] ------------------------------------------------------------------------------------------------ For Appellant : Mr. PR Patankar, Advocate For Respondents : Mr. Sourabh Gupta, Advocate . ------------------------------------------------------------------------------------------------ Single Bench: Hon'ble Shri Justice Sanjay K. Agrawal (Order on Board) 07.08.2025 1. In this appeal filed under Section 173(2) of the Motor Vehicle Act, SAIFAN KHAN Digitally signed by SAIFAN KHAN Page No.2 of 3 IN MAC-07-2023 1988 (for short the “MV Act”), the appellants/claimants are calling in question the legality, validity and correctness of impugned award dated 30.09.2022, passed in Claim Case No.144 of 2021 (Smt. Beena Bai and another vs. Abhishek Deshlahare and others) by the Motor Accidental Claims Tribunal, Balod (CG) [for short the “MACT”], whereby the claim application filed by the claimants has been allowed and compensation to the tune of Rs.4,07,500/- has been awarded alongwith interest @ 9% PA from the date of claim has been on account of untimely and unfortunate death of son of appellant No.01 and grand-son of appellant No.02, namely, Jagannath, who was aged about 12 years on the date of occurrence. 2. Mr. 2. Mr. PR Patankar, learned counsel for the appellants submits that the learned AMACT is absolutely unjustified in awarding compensation to the tune of Rs.4,07,500/- to the appellants/claimants, as on the date of accident the deceased was aged about 12 years and, therefore, in light of the decision of the Supreme Court in Meena Devi v. Nunu Chand Mahto @ Nemchand Mahto and others 1 , it ought to have been awarded Rs.5,00,00/-. As such, the impugned award is liable to be enhanced suitably by allowing this appeal. 3. On the other hand, learned counsel appearing for the respondent supported the impugned award and prays for dismissal of this appeal. 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the record with 1 AIR 2022 SC 5006 Page No.3 of 3 IN MAC-07-2023 utmost circumspection. 5. True it is that their Lordships of the Supreme Court in the matter of Meena Devi (supra) has awarded Rs.5,00,000/- compensation to the claimants therein for death of their child aged about 12 years, who died in road accident. In the present case also the deceased was aged about 12 years, who died in a road accident, therefore, the claimants, who are mother and grand-mother of the deceased, are entitled to get compensation to the extent of Rs.5,00,000/- as per the dicta of Meena Devi (surpa). Accordingly, the amount of compensation of Rs.4,07,500/- awarded by the Claims Tribunal is enhanced to Rs.5,00,000/- and, after deducting the amount of Rs.4,07,500/-, the appellants are held entitled for an additional amount of Rs.92,500/-. The concerned respondent is directed to deposit the amount of compensation as enhanced by this Court within a period of 30 days from the date of receipt of copy of this order. The additional amount of compensation shall carry interest @ 9% per annum from the date of filing of claim application before the Tribunal i.e.16.08.2021 till its realization. Rest of the conditions of the impugned award shall remain intact. 6. Accordingly, this appeal is allowed in part and the impugned award is modified to the extent as indicated herein-above. No cost. Sd/- (Sanjay K. Agrawal) Judge s@if