1 2025:CGHC:35900 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 177 of 2022 1 - Ramkumar Jaiswal S/o Madho Aged About 42 Years R/o Village- Kedar, Police Station And Tahsil- Sarangarh, District- Raigarh, Chhattisgarh Present Address- Near The Office Of Jila Panchayat, Chakradhar Nagar, District- Raigarh, Chhattisgarh. 2 - Smt. Ramshila Jaiswal S/o Ramkumar Jaiswal Aged About 38 Years Occupation- Student, R/o Village- Kedar, Police Station And Tahsil- Sarangarh, District- Raigarh, Chhattisgarh Present Address- Near The Office Of Jila Panchayat, Chakradhar Nagar, District- Raigarh, Chhattisgarh. … Appellants versus 1 - Vishnu Naik S/o Kanhaiya Naik Aged About 25 Years R/o Village Bhakura, Tahsil- Sarangarh, District- Raigarh, Chhattisgarh. 2 - Bajaj Alliance, General Insurance Company Limited, Branch Manager,shiv Mohan Bhawan, Vidhan Sabha Bhawan Raod, Pandari, Raipur, Tahsil And District- Raipur, Chhattisgarh, District : Raipur, Chhattisgarh. ... Respondents HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2025.07.29 11:00:24 +0530 2 For Appellants : Mr. Prabhat Kumar Saxena, Advocate For Respondent 2 : Mr. Raj Awasthi, Advocate SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 24.07 .2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) has been preferred by the appellants/claimants seeking enhancement of compensation of Rs. 5,00,000/- awarded by learned 2nd Additional Motor Accident Claims Tribunal, Raigarh in Claim Case No. 35/2020 vide impugned award dated 21/09/2021 for the death of their son Sameer Jaiswal, aged about 10 years. 2. Learned counsel for the appellant would submit that the Claims Tribunal is absolutely unjustified in awarding a compensation of Rs. 5,00,000/- to the appellants for the death of their 10 year old son, which is on the lower side and deserves to be enhanced. 3. Learned counsel for respondent No. 2 would support the impugned judgment and submit that the present appeal is liable to be dismissed as the compensation awarded by learned Claims Tribunal is just and proper. 3 4. I have heard learned counsel for the parties, considered their submissions and perused the record. 5. In the matter of Kishan Gopal and Another v. Lala and Others1, in a similar set of facts and circumstances as the present case, their Lordships of the Supreme Court awarded a compensation of Rs. 5,00,000/- for the death of a 10 year old boy considering the fact that he assisted his parents in their agricultural occupation and held that had he been alive would have certainly contributed substantially to the family by working hard and after taking his notional income as Rs. 30,000/- per annum applied a multiplier of 15. 6. Learned Claims Tribunal, after appreciating the oral and documentary evidence available on record, considering the principle of law laid down in Kishan Gopal (supra), awarded Rs. 30,000/- x 15 = Rs. 4,50,000/- with respect to dependency/loss of income, Rs. 30,000 for loss of estate / love and affection, Rs. 15,000/- for funeral expenses and Rs. 5,000/- under the head of mental agony, which totals to Rs. 5,00,000/- with an interest of 6 % per annum, which in my considered opinion, is just and proper and does not warrant any interference by this Court. I do not find any good ground in this appeal. 1 (2014) 1 SCC 244 4 7. Accordingly, this appeal deserves to be and is hereby dismissed leaving the parties to bear their own cost(s). Sd/- (Sanjay K. Agrawal) Judge Harneet