Page No.1 of 5 IN MAC-412-2022 & MAC-508-2022 2025:CGHC:61277 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR [Arising out of common award dt. 21.12.2021, passed in Claim Case No.26/2020 (Smt. Sumarit Bai and others vs. Bhagvendra Singh Kshatriya and others) by the 2nd Addl. Motor Accident Claims Tribunal, Katghora, District Korba (CG)] MAC No. 412 of 2022 United India Insurance Company Limited Through Its Branch Office, Brahma Road, Near Kumkum Hotel, Ambikapur, District Surguja Chhattisgarh. --- Appellant Versus 1 - Smt. Sumrit Bai Wd/o Late Shri Mahipal Singh Aged About 35 Years Resident Of Gudrumuda (Manjhipara) Police Station Katghora, District Korba Chhattisgarh. 2 - Rani Kumari D/o Late Shri Mahipal Singh Aged About 12 Years Since Minor Represented Through Natural Guardian And Mother Smt. Sumrit Bai, Wd/o Late Shri Mahipal Singh Resident Of Gudrumuda (Manjhipara) Police Station Katghora, District Korba Chhattisgarh. 3 - Vishnu S/o Late Shri Mahipal Singh Since Minor Represented Through Natural Guardian And Mother Smt. Sumrit Bai , Wd/o Late Shri Mahipal Singh , Resident Of Gudrumuda (Manjhipara) Police Station Katghora, District Korba Chhattisgarh. 4 - Son Kunwar W/o Chamra Singh Aged About 65 Years Resident Of Gudrumuda (Manjhipara) Police Station Katghora, District Korba Chhattisgarh. 5 - Bhagvendra Singh Kshatriya S/o Rajbhan Singh Baghel Aged About 40 Years Resident Of Ward No. 19, Keshav Nagar , Police Station Vishrampur District Surajpur Chhattisgarh. (Driver) 6 - Jai Mahamaya Petroleum Through Its Proprietor, Shri Rajkumar Agrawal , Ring Road, Namnakala , Ambikapur , District Surguja Chhattisgarh. (Owner) --- Respondents SAIFAN KHAN Digitally signed by SAIFAN KHAN Page No.2 of 5 IN MAC-412-2022 & MAC-508-2022 [Cause-title taken from Case Information System (CIS)] ------------------------------------------------------------------------------------------------ For Appellant : Mr. Abhishek Vinod Deshmukh, Advocate For Respondent 1-2 : Mr. Vikas Kumar Pandey, Advocate ------------------------------------------------------------------------------------------------ WITH MAC No. 508 of 2022 1 - Smt. Sumarit Bai W/o Late Mahipal Singh Aged About 35 Years R/o Village Gudrumuda (Manjhipara), Thana Katghora, District Korba Chhattisgarh., District : Korba, Chhattisgarh 2 - Rani Kumari D/o Late Mahipal Singh Aged About 12 Years Minor Through Legal Guardian Mother Smt. Sumarit Bai W/o Late Mahipal Singh, R/o Village Gudrumuda (Manjhipara), Thana Katghora, District Korba Chhattisgarh., District : Korba, Chhattisgarh 3 - Son Kunwar W/o Chamra Singh, Aged About 65 Years R/o Village Gudrumuda (Manjhipara), Thana Katghora, District Korba Chhattisgarh., District : Korba, Chhattisgarh 4 - Vishnu S/o Late Mahipal Singh, Aged About 13 Years Minor Through Legal Guardian Mother Smt. Sumarit Bai W/o Late Mahipal Singh, R/o Village Gudrumuda (Manjhipara), Thana Katghora, District Korba Chhattisgarh., District : Korba, Chhattisgarh --- Appellants Versus 1 - Bhagvendra Singh Kshatriya S/o Rajbhan Singh Baghel, Aged About 40 Years R/o Ward No. 19 Keshaw Nagar, Thana Vishrampur, District Surajpur (Chhattisgarh), District : Surajpur, Chhattisgarh 2 - Jai Mahamaya Petroleum Through Proprietor Shri Rajkumar Agrawal, Ring Road Namnala Ambikapur, District Sarguja Chhattisgarh, District : Surguja (Ambikapur), Chhattisgarh 3 - The United India Insurance Company Limited, Branch Office Bramha Road Near Kumkum Hotel, Ambikapur, District Sarguja Chhattisgarh, District : Surguja (Ambikapur), Chhattisgarh --- Respondents [Cause-title taken from Case Information System (CIS)] ------------------------------------------------------------------------------------------------ For Appellants : Mr. Vikas Kumar Pandey, Advocate For Respondent No.3 : Mr. Abhishek Vinod Deshmukh, Advocate Page No.3 of 5 IN MAC-412-2022 & MAC-508-2022 ------------------------------------------------------------------------------------------------ Single Bench: Hon'ble Shri Justice Sanjay K. Agrawal (Order on Board) 16.12.2025 1. Regard being had to the similitude of the questions of facts and law involved and being arising out of a common impugned award dt. 21.12.2021, on the joint request of learned counsel for the parties, both the appeals are clubbed together, heard together and being disposed of by this common order. 2. MAC-508-2022 has been filed under Section 173 of the Motor Vehicles Act, 1988 (for short the “Act of 1988”) by the claimants seeking enhancement of amount of compensation, challenging the impugned award dt. 21.12.2021, passed in Claim Case No.26/2020 (Smt. Sumarit Bai and others vs. Bhagvendra Singh Kshatriya and others) by the 2nd Addl. Motor Accident Claims Tribunal, Katghora, District Korba (CG), whereby learned Claims Tribunal has awarded a total sum of Rs.5,27,000/- as compensation for the death of Rajesh Birhor, who was aged about 10 years on the date of accident. Whereas, MAC-412-2022 has been preferred by the Insurance Company challenging the same award dt. 21.12.2021, whereby learned Claims Tribunal has fastened the liability to pay the said amount of compensation to the claimant upon the Insurance Company. 3. Mr. Vikas Kumar Pandey, learned counsel for the Claimants would submit that learned Claims Tribunal has erred in awarding Page No.4 of 5 IN MAC-412-2022 & MAC-508-2022 less amount of compensation in the facts of the case and, therefore, the same is liable to be enhanced suitably. 4. On the other hand, Mr. Abhishek Vinod Deshmukh, learned counsel for the Insurance Company would submit that since the deceased was aged about 10 years on the date of accident, therefore, the amount of compensation awarded by the Claims Tribunal is on the higher side and same deserves to be reduced. 5. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection. 6. The Supreme Court in the matter of Meena Devi v. Nunu Chand Mahto @ Nemchand Mahto and others 1 , for the death of child aged about 12 years, a total sum of Rs.5,00,000/- as compensation has ben awarded alongwith 7% interest per annum. 7. In that view of the matter, since in the present case also the deceased was aged about 10 years and learned Claims Tribunal has awarded a total sum of Rs.5,27,000/- as compensation for the death of deceased- Ramesh Birhor, who was son of claimant No.01, which in the considered opinion of this Court is correct assessment of the compensation amount in light of the decision of Meena Devi (supra) and same neither deserves to be enhanced nor deserves to be reduced. As such, I do not consider it a fit case warranting interference in the impugned award, passed by the learned Claims 1 AIR 2022 SC 5006 : (2023) 1 SCC 204 Page No.5 of 5 IN MAC-412-2022 & MAC-508-2022 Tribunal. 8. Accordingly, I do not find any merit in both the appeals. It deserve to be and are hereby dismissed. Sd/- (Sanjay K. Agrawal) Judge s@if