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2025 DAILYLAW 56127 (CHH)

SMT. KAVITA BAI VAISHNAV v. AKHILESH @ AKKU

MAC/979/2023 · 2025-11-09

Shri Sanjay K Agrawal

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Judgment text

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(MAC No.979/2023) 2025:CGHC:54671 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 979 of 2023 {Arising out of award dated 22-3-2023 passed by the 11th Additional Motor Accident Claims Tribunal, Raipur in Claim Case No.1205/2021} 1. Smt. Kavita Bai Vaishnav, W/o Takeshwar Vaishnav, Aged about 31 years, 2. Takeshwar Vaishnav, S/o Goverdhan Vaishnav, Aged about 36 years, Both are R/o Village Khauli, Kharora, District Raipur (Chhattisgarh) (Claimants) ... Appellants versus 1. Akhilesh @ Akku, S/o Pardeshi Yadav, Aged about 25 years, R/o Village Malidih, Post Khauli, Police Station Arang, District Raipur (Chhattisgarh) Driver of Offending Vehicle Motor Cycle No.CG-04/DP-8160 2. Suresh Kumar Yadav, S/o Khorbahra Yadav, Aged about 35 years, Through Parmeshwar Joshi, Presently R/o Qt.No.203, Mandi Ward, Tama, Sivni, Abhanpur, District Raipur (Chhattisgarh). Permanent R/o Ward No. 6, Kotwalpara, Dhansuli, Mahasamund (Chhattisgarh) Registered Owner of Offending Vehicle Motor Cycle No.CG-04/DP- 8160 3. Vijay Dewangan, S/o Chhotu Dewangan, Aged about 45 years, R/o Village Malidih, Post Khauli, Police Station Arang, District Raipur (Chhattisgarh) Possessive Owner of Offending Vehicle Motor Cycle No.CG-04/DP- 8160 (Non-applicants) ... Respondents For Appellants : Mrs. Dhaneshwari Patel, Advocate. For Respondents : None present, though served. SISTA SOMAYAJULU Digitally signed by SISTA SOMAYAJULU Date: 2025.11.11 10:42:08 +0530 (MAC No.979/2023) Single Bench:- Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 10/11/2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellants herein/claimants seeking enhancement in the amount of compensation, challenging the impugned award dated 22-3-2023 passed by the 11th Additional Motor Accident Claims Tribunal, Raipur in Claim Case No.1205/2021, whereby the learned Claims Tribunal has granted a compensation of ₹ 5,60,000/- for the death of deceased Lucky Vaishnav, aged about 10 years at the time of incident. The appellants herein/claimants are parents of the deceased. 2. Mrs. Dhaneshwari Patel, learned counsel appearing on behalf of the appellants herein/claimants, would submit that for the death of claimants’ son Lucky Vaishnav, aged about 10 years, a compensation of ₹ 5,60,000/- has been awarded by the Claims Tribunal, which is very much on lower side and the same be enhanced suitably. 3. I have heard learned counsel for the appellants herein/claimants and considered her submissions and also gone through the record with utmost circumspection. 4. After having heard learned counsel for the appellants herein/ claimants and after going through the record, the compensation awarded by the Claims Tribunal to the appellants herein is in accordance with law, it is just and proper and I do not find any merit (MAC No.979/2023) in this appeal to enhance the amount of compensation. Accordingly, the present claimants’ appeal is dismissed. No order as to cost(s). Sd/- (Sanjay K. Agrawal) Judge Soma