(MAC No.60/2022) 2025:CGHC:41192 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 60 of 2022 Neeta Bai, W/o Late Narendra Bhargava, Aged about 29 years, R/o Village Dhurkot, Police Station & Tahsil Janjgir, District Janjgir- Champa, Chhattisgarh. (Claimant) ... Appellant versus 1. Dilip Kariyare, S/o Govinda Kariyare, Aged about 26 years, R/o Village Bhadesar, Police Station & Tahsil Janjgir, District Janjgir- Champa, Chhattisgarh. Owner & Driver of the offending vehicle 2. IFCO Tokiyo General Insurance Company Limited, Branch Manager, Branch Office, Galaxy Hites, Vyapar Vihar Road, Near I.C.I.C.I. Bank, Bilaspur, District Bilaspur, Chhattisgarh. Insurer of the offending vehicle (Non-applicants) ... Respondents For Appellant : Mr. Balraj Gupta, Advocate. For Respondent No.1 : Mr. Govind Prasad Dewangan, Advocate. For Respondent No.2 : Mr. P.R. Patankar, Advocate. Single Bench:- Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 14/08/2025 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/claimant seeking enhancement in the amount of SISTA SOMAYAJULU Digitally signed by SISTA SOMAYAJULU Date: 2025.08.20 10:52:06 +0530 (MAC No.60/2022) compensation, challenging the impugned award dated 6-9-2021 passed by the 1st Additional Motor Accident Claims Tribunal, Janjgir, District Janjgir-Champa in Claim Case No.47/2020, whereby the learned Claims Tribunal has awarded a total sum of ₹ 5,00,000/- as compensation along with 9% interest per annum for the death of a 3 years old son of the appellant herein. 2. Mr. Balraj Gupta, learned counsel appearing on behalf of the appellant herein/claimant, would submit that the compensation awarded is very much on lower side therefore, it deserves to be enhanced in light of the decision of the Supreme Court in the matter of Baby Sakshi Greola v. Manzoor Ahmad Simon and another1. 3. Whereas, Mr. P.R. Patankar, learned counsel appearing on behalf of respondent No.2 herein/Insurance Company, relying upon the decision of the Supreme Court in the matter of Meena Devi v. Nunu Chand Mahto alias Nemchand Mahto and others2, would submit that in the said case only a total compensation of ₹ 5,00,000/- along with interest @ 7% per annum has been awarded to the claimant. 4. I have heard learned counsel for the parties and considered their rival submissions made herein-above and also went through the record with utmost circumspection. 1 2024 SCC OnLine SC 3692 2 AIR 2022 SC 5006 (MAC No.60/2022) 5. The Claims Tribunal, in the present case, considering the age of the deceased awarded ₹ 5,00,000/- along with 9% interest per annum. However, in Meena Devi (supra), in case of death of a 12 years old child, their Lordships of the Supreme Court considering the earlier decisions have awarded ₹ 5,00,000/- along with interest @ 7% per annum. As such, the compensation awarded by the learned Claims Tribunal in the interest case is just and proper. I do not find any merit in this appeal, it deserves to be and is accordingly, dismissed without there being any order as to cost(s). Sd/- (Sanjay K. Agrawal) Judge Soma