1 2025:CGHC:53926 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1185 of 2022 1 - Smt Tomesh Sahu W/o Late Jageshwar @ Jaggu Sahu Aged About 26 Years R/o Village - Joratarai, Post - Silauti Thana - Bhakhara District - Dhamtari Chhattisgarh 2 - Laxman Sahu S/o Late Jageshwar @ Jaggu Sahu Aged About 4 Years Minor Through Natural Guardian (Mother) Smt. Tomesh Sahu R/o Village - Joratarai, Post - Silauti Thana - Bhakhara District - Dhamtari Chhattisgarh 3 - Vishnu Ram Sahu S/o Jagdish Ram Sahu Aged About 63 Years R/o Village - Joratarai, Post - Silauti Thana - Bhakhara District - Dhamtari Chhattisgarh 4 - Smt. Lakhni Bai Sahu W/o Vishnu Ram Sahu Aged About 19 Years R/o Village - Joratarai, Post - Silauti Thana - Bhakhara District - Dhamtari Chhattisgarh ... Appellants versus HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2025.11.07 11:36:22 +0530 2 1 - Rakesh Kumar Saket S/o Shri R. A. Saket Aged About 35 Years R/o Village - Purva, Tehsil Semariya, District - Rewa (M. P.) 2 - Darshan Singh Togar S/o Bachcha Singh Togar R/o Near Star Petrol Pump, Rajendra Ward Jagdalpur District Bastar (Chhattisgarh) 3 - United India Insurance Co. Ltd. Address - Mandal Office, Krishna Complex, Kachheri Chowk Raipur, Tehsil And District - Raipur (Chhattisgarh) ... Respondent(s) For Appellant : Ms. Priyanka Shrivastava on behalf of Mr. Sanjay Agrawal, Advocates For Respondent No. 1 : Ms. Sundara Sahu on behalf of Mr. Aditya Khare, Advocates For Respondent No. 3 : Mr. P.K. Tulsyan, Advocate SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 04.11.2025 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, challenging the impugned award dated 29/06/2022 passed by learned 14th Additional Motor Accident Claims Tribunal, Raipur, District Raipur (C.G.) in 3 Claim Case No. 1198/2021, whereby learned Claims Tribunal has awarded a total sum of Rs. 28,02,684.8/- as compensation to the appellants/claimants for the death of Jageshwar @ Jaggu Sahu, aged about 35 years, who worked as a Driver. 2. Learned counsel for the appellants/claimants would submit that the amount of compensation awarded by the Claims Tribunal is on the lower side and is liable to be enhanced as future prospect has been added to 40% whereas it ought to be 50%, as such, the amount of compensation may suitably be enhanced. 3. Learned counsel for respondent No. 3 would support the impugned award and submit that the compensation awarded by the Claims Tribunal is just and proper and does not warrant any interference by this Court as in view of the decision rendered by the Supreme Court in the matter of National Insurance Company Limited v. Pranay Sethi and Anr.1, 40% future prospect has rightly been added looking to the fact that deceased was aged about 35 years at the time of the accident. 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection. 1 (2017) 16 SCC 680 4 5. The Supreme Court, in the matter of Pranay Sethi (supra), has clearly held that an addition of 40% of the established income of the deceased towards future prospects where the deceased was below 40 years of age and an addition of 25% where the deceased was between the age of 40 to 50 years, would be reasonable. 6. Admittedly, in the present case, the deceased was aged about 35 years at the time of the accident and in view of the aforesaid decision rendered by the Supreme Court in Pranay Sethi (supra), Learned Claims Tribunal has rightly added 40% towards future prospects. No other ground was pressed on behalf of the appellants/claimants. I do not find any good ground to interfere with the impugned award. 7. Accordingly, the instant appeal, being devoid of merits, is liable to be and is hereby dismissed leaving the parties to bear their own cost(s). Sd/- (Sanjay K. Agrawal) Judge Harneet