Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:38160
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 433 of 2022 1 - Laxman Singh, S/o. Late Parasram, Aged About 31 Years, R/o. Gram Tiwarta, Tahsil Pali, District Korba, Chhattisgarh. 2 - Smt. Shakuntala, W/o. Laxman Singh, Aged About 28 Years, R/o. Gram Tiwarta, Tahsil Pali, District Korba, Chhattisgarh.
... Appellants versus 1 - Sunil Suman, S/o. Basant Lal Suman, Aged About 26 Years, R/o. House No. 181, Munghapara, Ward No.4, Kosir, Tahsil Sarangarh,
District
Raigarh,
Chhattisgarh.
(Driver) 2 - Smt. Sabita Suman, W/o. Basant Lal Suman, Aged About 43 Years, R/o. House No. 181, Munghapara, Ward No.4, Kosir, Tahsil Sarangarh, District Raigarh, Chhattisgarh. (Owner) 3 - United India Insurance Company Limited, Branch Office, Near Ghantaghar, Niharika Road Korba, District Korba, Chhattisgarh. (Insurer)
... Respondents ASHOK SAHU Digitally signed by ASHOK SAHU Date: 2025.08.04 11:34:19 +0530
2 For Appellants : Ms. Neelu Singh, Advocate on behalf of Mr. F.S. Khare, Advocate For Respondent No.3. : Ms. Swati Agrawal, Advocate on behalf of Mr. Pankaj Agrawal, Advocate (Single Bench) Hon'ble Shri Justice Sanjay K. Agrawal
Judgment on Board 01/08/2025
1. The appellants/claimants have preferred this appeal under Section 173 of the Motor Vehicles Act seeking enhancement of the award dated 20.12.2021 passed in Motor Accident Claim Case No.23/2020 whereby the learned Claims Tribunal, Katghora, District Korba has awarded an amount of Rs.6,21,000/- as compensation for the death of Ku. Pallavi, aged about 6 years, at the time of incident.
2.
Learned counsel for the appellants/claimants would submit that very meager amount has been awarded by the learned Claims Tribunal as compensation, therefore, the same may be suitably enhanced by modifying the impugned award.
3.
Learned counsel appearing for the respondent/insurance company would support the impugned award and submit
3 that the appeal preferred by the appellant is liable to be dismissed.
4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection.
5. Having considered the facts & circumstances of the case and in light of decision of the Supreme Court in the matter of Kishan Gopal & Another v. Lala & Others1 in which for the death of 10 years old boy, total compensation of Rs.5,00,000/- along-with interest @ 9% has been awarded, the compensation awarded in the present case by the learned Claims Tribunal is just & proper. As such, I do not find any merit in this appeal, the same deserves to be and accordingly dismissed. The parties shall bear their own costs.
Sd/-
(Sanjay K. Agrawal) Ashok
Judge 1 (2024) 1 SCC 244