1 2025:CGHC:17826 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1743 of 2018 1 - Chandrahas Sahu S/o Ghasuram Sahu Aged About 42 Years R/o Village - Deori, Post Office And Police Station - Kurud, Tahsil And District - Dhamtari, Chhattisgarh. New Address - Through Motilal Sahu, Near Mittal Hospital, Khapra Bhatti, Post Office - Pandri, Raipur, District - Raipur Chhattisgarh 2 - Smt. Motim Sahu W/o Chandrahas Sahu Aged About 36 Years R/o Village - Deori, Post Office And Police Station - Kurud, Tahsil And District - Dhamtari, Chhattisgarh. New Address - Through Motilal Sahu, Near Mittal Hospital, Khapra Bhatti, Post Office - Pandri, Raipur, District - Raipur Chhattisgarh…………………………………………………..(Claimants) ... Appellants versus 1 - Shamdev Dhimar S/o Premlal Dhimar Aged About 26 Years R/o Village - Sangpuri, Police Station - Arjuni, Tahsil And District - Dhamtari, Chhattisgarh…………………………….(Driver) 2 - Chaitanya Mahaprabhu Shikshan Sansthan Through, Shyam Sundar Agrawal, Jindal Niwas, Ramsagar Para, Raipur, Tahsil And District - Raipur, Chhattisgarh…………………………..(Owner) Digitally signed by SHUBHAM SINGH RAGHUVANSHI Date: 2025.04.23 13:11:41 +0530 2 3 - The Liberty - Videocon General Insurance Company Limited Through The Branch Manager, Branch Office - 1a, 18 Second Floor, Shyam Plaza, Pandri Main Raod Pandri, Raipur, Tahsil And District - Raipur, Chhattisgarh………………………….(Insurer) ... Respondent(s) For Appellants : Mr. Shivendu Pandya, Advocate For Respondents No.1 & 2 : Mr. S.P. Sahu, Advocate on behalf of Mr. C.R. Sahu, Advocate For Respondent No.3 : None Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 21 / 04 / 2025 1. This appeal arises out of the award dated 03.05.2018 passed by learned 6th Additional Motor Accident Claims Tribunal, Raipur, Chhattisgarh, in Claim Case No.485/2017 awarding compensation of Rs.2,63,700/- with interest @ 7.5% per annum, from the date of application till its realization, in favour of the appellants/claimants. 2. The claim of appellant/claimants before the Claims Tribunal, in short, was that on 18.04.2017, Ku. Chandni Sahu (now deceased) was going to school by bycycle, at around 7:30 AM, at Jhiriya Khar Devri Road near Mango tree bore, offending vehicle (Bus) bearing registration No. CG-04-E-2686, driven rashly and negligently by Respondent No.1 Shamdev dashed Ku. Chandni due to which she sustained grievous injuries and died in a hospital. A report of the accident was lodged, based on which offence was registered. 3 3. It was claimed that at the time of accident, the deceased was aged around 15 years student. Due to the casual death of the deceased, there is an irreparable loss to the claimants who are the parents of the deceased. The claimants preferred an application before the Tribunal under Section 163 (a) claiming total compensation of Rs.10,50,000/-. 4. the Claims Tribunal, after considering the evidence and documents available on record has awarded total compensation of Rs.2,63,700/- in favour of the claimants with interest @ 7.5% per annum, from the date of application till its realization. Hence, this appeal is for enhancement. 5. Learned Counsel appearing for the Appellants/Claimants submits that the amount of compensation is too meager, therefore, considering the facts and circumstances of the case particularly the age of the deceased, the amount of compensation deserves to be enhanced suitably. 6. Heard learned counsel appearing for the parties and perused the record. 7. In a motor accident claim case, what important is that, the compensation to be awarded by the Courts/Tribunals should be just and proper compensation in the facts and circumstances of the case. It should neither be a meager amount of compensation nor a Bonanza. 8. Now, this Court shall examine as to whether the compensation awarded by the Claims Tribunal is just and proper compensation in the given facts and circumstances 4 of the case. 9. At this juncture, it would be relevant to refer to the decision of the Hon’ble Supreme Court in the case of Meena Devi v. Nunu Chand Mahto alias Nemchand Mahto and Others reported in (2023) 1 SCC 204 wherein in a case of death of a minor child, the Supreme Court in para-16 & 18 held as under: “16. Thus applying the ratio of the said judgments, looking to the age of the child in the present case i.e. 12 years, the principles laid down in case of Kishan Gopal (supra) are aptly applicable to the facts of the present case. As per the ocular statement of the mother of the deceased, it is clear that deceased was a brilliant student and studying in a private school. Therefore, accepting the notional earning Rs. 30,000/- including future prospect and applying the multiplier of 15 in view of the decision of this Court in Sarla Verma (supra), the loss of dependency comes to Rs. 4,50,000/- and if we add Rs. 50,000/- in conventional heads, then the total sum of compensation comes to Rs.5,00,000/-. As per the judgment of MACT, lump sum compensation of Rs. 1,50,000/- has been awarded, while the High Court enhanced it to Rs. 2,00,000/- up to the value of the Claim Petition. In our view, the said amount of compensation is not just and reasonable looking to the computation made hereinabove. Hence, we determine the total compensation as Rs. 5,00,000/- and on reducing the amount as awarded by the High Court i.e. Rs. 2,00,000/-, the enhanced amount comes to Rs. 3,00,000/-. 18. Accordingly, this appeal is allowed. The amount of compensation, as awarded by the High Court is enhanced by Rs. 3,00,000/-, in addition. The total amount of compensation would be Rs. 5,00,000/-. The enhanced amount shall carry interest @ 7% p.a. from the date of Claim Petition till realization. The due amount be paid by the respondent No. 4 – United India Insurance Company within a period of four weeks from today.” 10.As per the amended provision of Schedule-II of the Motor Vehicle Act and applying the aforementioned principle and analogy in the present case also, this Court is inclined to enhance the compensation payable to the claimants herein 5 in similar terms and quantifies the compensation at Rs.4,50,000/- towards loss of dependency and Rs.50,000/- under the conventional head. Thus, the appellant/claimants in the instant case shall be entitled for a total compensation of Rs.5,00,000/- instead of Rs.2,63,700/- as awarded by the Claims Tribunal. 11.The appeal thus stands allowed. The claimants shall be entitled for the enhanced amount of Rs.2,36,300/- in addition to what is already awarded by the Claims Tribunal. The enhanced amount will carry interest @ 6% per annum from the date of enhancement of the award till its realization. The impugned award stands modified to the above extent and rest of the conditions shall remain intact. 12.The Registry is further directed to communicate the claimants in writing “the enhanced amount” in this appeal as against the award made by the Claims Tribunal. The said communication be made in Hindi Deonagri language and the help of paralegal workers may be availed with a co- ordination of Secretary, Legal Aid of the concerned area wherein the claimants reside. d Sd/- (Sanjay Kumar Jaiswal) Judge Shubham