1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 152 of 2025 1 - Jayprakash Sahu S/o Ramkishun Sahu Aged About 33 Years R/o Sahupara, Devipur, Police Station And Tehsil- Surajpur, District- Surajpur, C.G. (Claimant) 2 - Priya Sahu W/o Jaiprakash Sahu Aged About 28 Years R/o Sahupara, Devipur, Police Station And Tehsil- Surajpur, District- Surajpur, C.G. (Claimant) ... Appellants versus 1 - Narbadeshwar Puri S/o Late Harishchandra Aged About 51 Years R/o Barsara Kumharpara, Police Station- Bhaiyathan, Present Address- Narkalo Schoolpara Police Station- Bhatgaon, District- Surajpur, C.G. (Driver Of Bus No. C.G. 15/d.U./9618) 2 - Sanjay Kumar Singh S/o Samsher Kumar Singh Aged About 60 Years R/o Bhudkudha Dharde, District- Chandauri, U.P. Present Address- Kabir Ward Ambikapur, District- Surguja, C.G. (Owner Of Bus No. C.G. 15/d.U./9618) 3 - New India Insurance Company Branch Office Ambika Petrol Pump Complex Ambedkar Chowk, Ambikapur, District- Surguja, C.G. (Insurer Of Bus No. C.G. 15/d.U./9618) ... Respondent(s) For Appellants : Ms. Priya Kaiwartya on behalf of Mr. Sangeet Kumar Kushwaha, Advocate For Respondent(s) : Mr. Samir Singh, Advocate PAWAN KUMAR Digitally signed by PAWAN KUMAR Date: 2025.09.06 10:24:29 +0530 2 Hon’ble Shri Justice Sachin Singh Rajput Order on Board 04/09/2025 This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short ‘the Act of 1988’) has been filed challenging the award dated 27.06.2024 passed in Claim Case No.146/2023 by the Motor Accident Claims Tribunal, Surajpur, District Surajpur, CG 2. By the impugned award the learned tribunal has awarded of Rs. 3,51,000- as compensation in favour of the appellants / claimants on account of death of Shivam Sahu as a accident and took place on 20.08.2023 by the rash and negligent driving of the offending vehicle bearing registration No. CG 15/DU/9618 by the respondent No. 1 / driver, owned by the respondent No. 2 / owner and insured with the respondent No. 3 / insurance company.. 3. The respondent No. 3 / Insurance company was held liable to pay the compensation. 4. Learned counsel for the appellant submits that the award is on the lower side in view of the judgment of the Hon’ble Supreme Court in the case of Kurvan Ansari @ Kurvan Ali and anr. v. Shyam Kishore Murmu and anr., (2022) 1 SCC 317 and Kishan Gopal and anr. v. Lala and ors., (2014) 1 SCC 244. He further submits that compensation may be enhanced. Apart from this, the amount of compensation on other heads is also on the lower side. 5. I have heard learned counsel for the parties and perused the records. 3 6. The Tribunal has ignored certain relevant facts and evidence on record while considering the case of the claimants. The legal principle laid down in the case of Kurvan Ansari (supra) and Kishan Gopal (supra) is applicable to the facts and circumstances of the case in hand having regard to the fact that the deceased is a 5 year. 7. Taking the entire facts and circumstances, ends of justice would be served by awarding Rs.5 lakhs to the appellants / claimants. 8. Accordingly, the appeal is partly allowed and amount of Rs.5 lakhs is awarded to the appellants / claimants. After deducting Rs.3,51,000/- as awarded by learned Tribunal enhancement comes to Rs.1,49,000/-. Respondent No.3 / insurance company shall pay the amount of Rs.1,49,000/- within a period of 60 days with 6% interest from the date of claim application. On deposit learned Tribunal shall pass appropriate order with regard to apportionment, investment and disbursement of the enhanced amount of compensation. 9. The appeal, thus, partly allowed. Sd/- (Sachin Singh Rajput) JUDGE Pawan