1 2025:CGHC:31770 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 2155 of 2019 1. Sanat Kumar S/o Punaram @ Punesh Sahu Aged About 36 Years 2. Rekhabai W/o Sanat Kumar Aged About 34 Years The appellants are permanent R/o Vill. - Amlideeh, P.S. Saja Distt. - Bemetara Chhattisgarh. At Present R/o Banjari Nagar, Rawabhata , P.S. Khamtarai , District Raipur Chhattisgarh. ... Appellants-claimants versus 1. Rajendra S/o Ramprasad Mourya R/o Vill Moudhapara Near Railway Gate , Manendragarh, P.S. - Manendragarh, Distt. Koriya Chhattisgarh..(Driver of vehicle No.CG16-CF-0992). 2. Kishore Kumar Gupta S/o Jageshwar Prasad Gupta R/o Moudhapara, Near Railway Gate, Manendragarh, P.S. Manendragarh, Distt Koriya Chhattisgarh.(Owner Of Vehicle No. CG16-CF-0992) 3. The Oriental Insurance Co. Ltd. Through Divisional Manager (Division No. 01) The Oriental Insurance Co. Ltd. Jail Road Raipur , Tah. And District Raipur Chhattisgarh...(Insurer Of Vehicle No. CG16-CF-0992). ... Respondent(s) For Appellants : Mr. Devesh G Kela, Advocate on behalf of Mr. Rakesh Thakur, Advocate For Respondent No.2 : Mr. Ram Sajiwan, Advocate. For Respondent No.3 : Mr. Akash Shrivastava, Advocate on behalf of Mr. R.N. Pusty, Advocate. 2 Hon'ble Shri Justice Parth Prateem Sahu Judgment On Board 09/07/2025 1. Appellants-claimants have filed this appeal challenging the award dated 15.11.2018 passed by the learned 6th Additional Motor Accident Claims Tribunal, Raipur (for short ‘the Claims Tribunal’) in Claim Case No.570/2016 by which learned Claims Tribunal allowed application of appellants-claimants in part and awarded total compensation of Rs.1,90,000/- in a case of child death in a road traffic accident. 2. Facts of the case, in brief, are that the child namely Kumesh Kumar Sahu, aged about 03 years died due to injuries sustained by him in the accident dated 15.3.2016 caused near Ramdev Rice Mill, Saja-Gandai Road, by vehicle bearing registration number CG04-CF-0992, which was driven rashly and negligently by its driver. An application under Section 166 of the Motor Vehicles Act, 1988 seeking compensation to the tune of Rs.12,50,000/- with interest was filed by the claimants, who are parents of the deceased child. The Claims Tribunal awarded a total sum of Rs.1,90,000/- as compensation against the death of deceased Kumesh Kumar Sahu and liability to pay the amount of compensation was fastened on non- applicants jointly and severally. Being dissatisfied with the amount of compensation, the claimants have preferred this 3 appeal seeking enhancement of compensation. 3. Learned counsel for the appellants submits that the award passed by the Claims Tribunal is on the lower side and requires to be enhanced to Rs.5,00,000/-. In support of his contention, counsel for the appellants has placed reliance on a decision in the case of Kishan Gopal and another vs. Lala and others, reported in (2014) 1 SCC 244 in which Hon’ble Supreme Court has awarded compensation of Rs.5 lakhs for the death of a child between the age of 10 to 15 years. 4. On the other hand, learned counsel for respective respondents supported the impugned award and submitted that amount awarded by Claims Tribunal is just and proper and needs no interference by this Court as the deceased was only 03 years old, dependent on her parents and was not an earning member. Statement made by learned counsel for appellants is based only on future possibilities. 5. I have heard learned counsel for the parties and perused the records. 6. The only point which requires consideration of this Court is whether the Claims Tribunal has awarded just and reasonable amount of compensation to claimants or not? 7. In the matter of Kishan Gopal (supra), the Hon'ble Supreme Court considering its earlier decision in the matter of Lata Wadhwa v. State of Bihar reported in (2001) 8 SCC 197 4 awarded an amount of Rs.5 Lakh as compensation by assessing income of deceased on notional basis as Rs.30,000/- p.a. on the ground that the rupee value has come down drastically from the year 1994. In the matter of Lata Wadhwa (supra) it was observed by Hon'ble Supreme Court that though in case of death of a child on account of injuries suffered in a motor vehicular accident, compensation could not be awarded by assessing income of child on notional basis and applying multiplier, but at the same time it is to be kept in mind that loss of a child cannot be equated in terms of money and therefore some reasonable amount of compensation should be awarded to the parents. Further, the parents would also be entitled for compensation towards loss of estate. 8. Recently, in case of Kusmi Devi vs. Md. Kasim and another, reported in MANU / SC / 1124/ 2023, Hon’ble Supreme Court while dealing with grant of compensation in case of death of child, granted a sum of Rs. 1 lakh as a global enhancement. Relevant paragraphs of the judgment passed by Hon'ble the Apex Court in Kusmi (supra) are as under:- "3. In respect of the death of a three years old child in the accident which occurred on 25.08.1994, the Motors Accidents Claims Tribunal (For short 'MACT") through its Award dated 13.02.2015 had granted the compensation of Rs. 1,50,000/- with interest @ 9% per annum. The High Court through its judgment dated 13.12.2018 has enhanced it to a sum of Rs.5,00,000/- as a global compensation. 5 4. In a matter of the present nature where the regular parameters of determining the compensation cannot be considered due to the uncertainties in life of a child and as held by this Court, the lump sum compensation is being awarded. Without prejudice to the contentions all the parties and in the interest of justice, we deem it appropriate to grant a further sum of Rs.1,00,000/- as global enhancement which shall be deposited by the respondent No.2-Insurance Company before the MACT concerned within a period of three weeks from the date of receipt of a copy of this judgment, whereupon the amount shall be disbursed to the claimant." 9. A bare reading of above decision of Hon’ble Supreme Court in case of Kusmi (supra) would show that the compensation of Rs.5 Lakh granted by the High Court in case of death of three years old child in a road traffic accident, Hon’ble Supreme Court has granted a further sum of Rs.1 Lakh as a global enhancement. Meaning thereby, Hon'ble Supreme Court held that total global compensation for the death of a three year old child is Rs.6 lakh. 10. Thus, in view of the above referred judgment of Hon’ble Supreme Court in case of Kusmi (supra) and considering the fact that the deceased child at time of accident was about three years old, I am inclined to award lump compensation of Rs.6,00,000/- to the appellants-claimants. 6 11. Accordingly, this appeal is allowed. The claimants/appellants are held entitled for a lump sum compensation of Rs.6,00,000/-. The enhanced amount of compensation will carry interest at the rate of 8% p.a. payable from the date of filing of application till actual payment is made. Amount of compensation, if any paid, pursuant to the impugned award shall be adjusted. Rest of the conditions of impugned award shall remain as it is. 12.The award impugned stands modified to the extent indicated above. Sd/- (Parth Prateem Sahu) Judge roshan/- SYED ROSHAN ZAMIR ALI Digitally signed by SYED ROSHAN ZAMIR ALI