1 2025:CGHC:44079 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 786 of 2024 1 - Kanti Bai W/o Pardeshi Ram Ojha Aged About 36 Years R/o Sanjay Nagar Balod, Police Station- Balod, District : Balod, Chhattisgarh 2 - Pardeshi Ram Ojha Aged About 45 Years R/o Sanjay Nagar Balod, Police Station- Balod, District : Balod, Chhattisgarh ... Petitioner(s) versus 1 - Vijay Dewangan S/o Gurudutta Dewangan Aged About 15 Years (Minor) R/o Mathpuraina, Ward No. 63, Near Water Tank, Raipur, Thana- Tikrapara, Raipur, Tahsil And District Raipur, Chhattisgarh ...........(Driver Of The Vehicle) 2 - Manmeet Sing Hora S/o Gurubhage Singh Hora Aged About 38 Years R/o House No. 1237, Gurudawara Road, Indira Chowk, Telibandha, Thana- Telibandha, Tahsil And District Raipur, Chhattisgarh ...........(Owner Of The Vehicle) 3 - Gopi S/o Ramadhar Aged About 61 Years R/o Vill-Gullu, Tahsil And Thana- Aarang And District- Raipur, Chhattisgarh. 4 - Patwari Halka No. 53 Vill-Gullu, R.C.B.- Aarang, Tahsil And District Raipur, Chhattisgarh. ... Respondent(s) For Appellant (s) : Shri Kunal Das, Advocate For Respondent No.2 : Ms. Prachi Singh, Advocate 2 ({Hon’ble Shri Justice Sachin Singh Rajput}) Order on Board 29/08/2025 This appeal has been filed by the appellants / claimants challenging the award dated 31/03/2023 passed in claim case No.112/2021 by the Additional Motor Accident Claims Tribunal, Dhamtari, District – Dhamtari (CG). By the impugned award, learned Tribunal has awarded compensation of Rs.6,07,172/- in favour of the appellants / claimants on account of death of their son- Yogesh @ Sameer Ojha aged about 13 years. Pleadings of the claim application reflects that their son Yogesh died on account of rash and negligent driving of the offending vehicle Tata Ace bearing registration No.CG 04-MJ-1385 driven by respondent No.1 and owned by respondent No.2. 2. As per pleadings of the claim application, the deceased was a student of class 7 aged about 13 years and used to support his parents / appellants in the fruit shop. A total amount of Rs.85,00,000/- was claimed by the appellants. The respondents remained ex-parte and did not file written statement. 3. Learned Tribunal framed issues in favour of the appellants and awarded aforesaid compensation. 4. Learned counsel for the appellant submits that the amount of compensation awarded requires enhancement. 5. Learned Tribunal, after meticulous examination of the evidence, found the deceased to be about 13 years and also considering the judgment of the Supreme Court in the case of Kishan Gopal and anr. v. Lala and ors., (2014) 1 SCC 244, awarded compensation of Rs.5,00,000/- towards loss of income, Rs.62,172/- for treatment expenses, Rs.30,000/- for parental consortium and mental agony and Rs.15,000/- for funeral expenses. 6. The award passed by the learned Tribunal appears to be based upon proper appreciation of evidence and does not require any interference by this Court. The appeal is accordingly dismissed. Sd/- ({Sachin Singh Rajput}) JUDGE Deepti DEEPTI HARIKUMAR Digitally signed by DEEPTI HARIKUMAR Date: 2025.09.11 16:31:55 +0530