1 2025:CGHC:15028 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 312 of 2020 1 - Rathuram Adil S/o Labho Adil Aged About 58 Years Address (Time Of Accident) R/o Village Bhorkadeepa, Kaitha, Parmanent Address Gedapali, Police Station Bilaigarh, District Balodabazar Bhatapara Chhattisgarh., District : Balodabazar- Bhathapara, Chhattisgarh ... Petitioner Versus 1 - Devendra Kumar Sahu S/o Samaru Lal Sahu Aged About 36 Years R/o Village Lahanga, Post Reda, Tehsil Baradwar, District Janjgir Champa Chhattisgarh..(Driver Of The Vehicle Tractor No. C.G. 11 A.N. 0891), District : Janjgir-Champa, Chhattisgarh 2 - Hemchand Rathaur S/o Firturam Rathaur Aged About 42 Years R/o Ward No. 02, Baradwar, Tahsil Sakti District Janjgir Champa Chhattisgarh..( Owner Of The Vehicle Tractor No. C.G. 11 A.N. 0891), District : Janjgir-Champa, Chhattisgarh 3 - Iffco Tokyo General Insurance Company Limited Raipur Branch Office N.M. Silver Plaza , 5th Floor, Near Khanij Bhawar, Ring Road , Raipur District Raipur Chhattisgarh..(Insurer Of The Vehicle Tractor No. C.G. 11 A.N. 0891), District : Raipur, Chhattisgarh 4 - Smt. Radha Bai W/o Rathuram Aged About 55 Years R/o Village Police Station And Tahsil Bilaigarh , District Balodabazar Bhatapara Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh ... Respondents For Petitioner : Mr. Anand Kesharwani, Advocate For Respondents No. 1 & 2 : Mr. B.N. Roy, Advocate For Respondent No. 3 : Mr. Pravesh Sahu, Advocate on behalf of Mr. P.R. Patankar, Advocate SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Order On Board 28/03/2025 1. Notice sent to the Respondent No. 4 is reported to be unserved. 2. Since, the liability to satisfy the amount of compensation is upon the Respondent No. 1 to 3 jointly and severally, service of notice upon the Respondents No. 4 is dispensed with. 3. With the consent of parties, appeal is heard finally. 4. This appeal is filed by the appellant seeking enhancement of the amount of compensation awarded by the learned Claims Tribunal in its award dated 20.09.2019 passed by the Motor Accident Claim Tribunal, Balodabazar, District - Balodabazar-Bhatapara (C.G.) in Claim Case No. 122/2018 whereby, the learned Claims Tribunal allowed the application in part and awarded a sum of Rs. 2,85,000/- against the death of a child aged about 14 years. 5. Facts of the case in brief are that, on 11.05.2018 at about 08:00 A.M., when the deceased namely, Suraj Kumar was going towards Road from his house, at that time, the offending tractor bearing Registration No. CG 11 AN – 0891 which was driven by the Respondent No. 1 caused accident with the deceased, which caused serious injuries to Suraj Kumar who succumbed to the injuries on the spot. 6. Learned counsel for appellant submits that in a motor accident, child of the appellant aged about 14 years died against which, the appellant have submitted an application seeking compensation. However, the learned Claims Tribunal has awarded a meager amount of compensation of Rs. 2,85,000/- only, adopting the unamended second schedule as provided under Section 163-A of the Motor Vehicles Act, 1988. He submits that as the deceased Suraj Kumar was 14 yeas of age and therefore, considering 3 the decision of the Hon’ble Supreme Court in the case of Kishan Gopal & Anr. Vs. Lala & Ors. reported in 2014 (1) SCC 244 , learned Claims Tribunal ought to have awarded Rs. 5,00,000/- as compensation to the appellant/claimants. 7. On the other hand, learned counsel for the Respondent No. 3 opposes the submission made by the counsel for the appellant and would submit that the amount of compensation awarded to the appellant/claimant in the facts of the case is just and proper and does not call for any interference. 8. I have heard learned counsel for the parties and and also perused the record of the claim case as also, the miscellaneous appeal. 9. The date of accident is 11.06.2018. The application seeking compensation is filed under Section 163-A r/w. Section 140 of the Motor Vehicles Act, 1988. The second schedule as formulated under the provisions of Section 163-A came to be amended on 22.05.2018 and in the second schedule, under the head of fatal accidents, compensation payable in the case of death is provided as Rs. 5,00,000/-. 10. Considering the decision of the Hon’ble Supreme Court in the case of Kishan Gopal (Supra) and Meena Devi Vs. Nunu Chand Mahto @ Menchand Mahto & Ors. reported in (2023) 1 SCC 204 , wherein Hon’ble Supreme Court has awarded a sum of Rs. 5,00,000/- against the death of a minor child aged about 10 and 12 years and considering the entirety of the facts and circumstances of the case as also, the amendment brought in the second schedule w.e.f. 02.05.2018 where, the compensation in death case of a child is fixed as Rs. 5,00,000/-, in the opinion of this Court, learned Claims 4 Tribunal erred in awarding the amount of compensation as Rs. 2,85,000/- in total to the appellant/claimant which is not sustainable in the eyes of law. 11. Accordingly, the amount of compensation computed by the learned Claims Tribunal as Rs. 2,85,000/- is enhanced to Rs. 5,00,000/-. Now the appellant/claimant shall be entitled for the amount of compensation to the tune of Rs. 5,00,000/-. The amount of compensation shall carry interest at the rate of 9% per annum from the date of application till its realization. Rest of the conditions mentioned in the impugned award shall remain intact. 12. Any amount already paid to Claimants/Appellants as compensation shall be adjusted from the total amount of compensation as calculated above. 13. In the result, the appeal is allowed in part and the impugned award stands modified to the extent indicated above. Certified copy as per rules. Sd/----/--/- (Parth Prateem Sahu) Judge Dey