Page No.1 of 4 IN MAC-1071-2022 2025:CGHC:55885 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1071 of 2022 [Arising out of award dt. 05.07.2022, passed in Claim Case No.34/2018 (Dwasram Kashyap and others v. Chandra Prakash Kashyap and others) by the 1st Addl. Motor Accident Claims Tribunal, Korba (CG)] Shriram General Insurance Company Limited Having Head Office At E/8 Epip, Rllco Industrial Area, Sitapur Jaipur Rajasthan, Through Assistant Manager, Having Office At 4th Floor, Maruti Heights, Besides Sky Auto Maruti Dealer, Mahoba Bazar, Raipur, District : Raipur, Chhattisgarh ... Appellant Versus 1 - Dwasram Kashyap S/o Saheblal Kashyap Aged About 28 Years R/o Village Kaitha, P.S. Hasaud, District Janjgir Champa, Present Address Subhash Block S.E.C.L. Korba, Tahsil And District Korba Chhattisgarh (Claimants) 2 - Smt. Sushila Kashyap W/o Shri Dwasram Kashyap Aged About 25 Years R/o Village Kaitha, P.S. Hasaud, District Janjgir Champa, Present Address Subhash Block S.E.C.L. Korba, Tahsil And District Korba Chhattisgarh 3 - Chandra Prakash Kashyap S/o Chandrashekar Kashyap Aged About 20 Years R/o Village Malda, P.S. Hasaud, District Janjgir - Champa Chhattisgarh (Driver) 4 - Principal Maharani Laxmi Bai R/o Village Malda, P.S. Hasaud, District Janjgir - Champa Chhattisgarh (Owner) ... Respondents [Cause-title taken from Case Information System (CIS)] ------------------------------------------------------------------------------------------------ For Appellant : Mr. PR Patankar, Advocate For Respondent/Claimtns : Mr. AL Singroul, Advocate ------------------------------------------------------------------------------------------------ SAIFAN KHAN Digitally signed by SAIFAN KHAN Page No.2 of 4 IN MAC-1071-2022 Single Bench: Hon'ble Shri Justice Sanjay K. Agrawal (Order on Board) 17.11.2025 1. In this appeal filed under Section 173(2) of the Motor Vehicle Act, 1988 (for short the “MV Act”), the appellant-Insurance Company is calling in question the legality, validity and correctness of impugned award dt. 05.07.2022, passed in Claim Case No.34/2018 (Dwasram Kashyap and others v. Chandra Prakash Kashyap and others) by the 1st Addl. Motor Accident Claims Tribunal, Korba (CG), whereby the claim application filed by the respondents No.01 & 02/claimants has been allowed and liability to pay compensation to the tune of Rs.11,58,940/- alongwith interest @ 6% PA from the date of claim has been imposed upon the appellant-Insurance Company, on account of death of minor son of the claimants, namely, Dhruv Kumar Kashyap, who was aged about 06 years. 2. Mr. PR Patankar, learned counsel for the appellant submits that the learned Claims Tribunal is absolutely unjustified in allowing the claim application of the claimants. He vehemently argued that since the age of the deceased (son of the claimants) was 06 years, therefore, the learned AMACT is absolutely unjustified in awarding compensation to the tune of Rs.11,58,940/-, as the same is on the higher side. He relied upon the decisions of Lata Wadhwa v. Page No.3 of 4 IN MAC-1071-2022 State of Bihar 1 and Kishan Gopal v. Lala 2 to buttress his submission. As such, the impugned award is liable to be set aside and present appeal be allowed. 3. On the other hand, learned counsel appearing for the respondents supported the impugned award and prays for dismissal of this appeal. 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the record with utmost circumspection. 5. In the instant case, after considering the oral and documentary evidence available on record the leaned Claims Tribunal has awarded compensation to the tune of Rs.11,58,940/- on account of death of minor son of the claimants, namely, Dhruv Kumar Kashyap, who was aged about 06 years at the time of accident. Further, the learned Claims Tribunal while assessing the aforesaid amount of compensation has taken the monthly income of the deceased to be Rs.8,190/- according to minimum wages, applied the multiplier of 15, deducted 50% amount towards personal living, added 40% amount on the head of future prospect and further awarded Rs.77,000/- on other conventional heads, which in my considered opinion is correct assessment of compensation amount of Rs.Rs.11,58,940/-. As such, I 1 (2001) 8 SCC 197 2 (2014) 1 SCC 244 Page No.4 of 4 IN MAC-1071-2022 do not find any perversity or illegality in the impugned award passed by the learned Claims Tribunal. Consequently, present appeal is liable to be dismissed. 6. Accordingly, I do not find any merit in this appeal and same is hereby dismissed. No cost. Sd/- (Sanjay K. Agrawal) Judge s@if