(MAC No.245/2022) 2025:CGHC:48305 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 245 of 2022 1. Basant Yadav, S/o Arun Yadav, Aged about 40 years, 2. Jayanti Yadav, W/o Basant Yadav, Aged about 35 years, Both are R/o Village Loharsi, P.S. Shivrinarayan, Thana Pamgarh, District Janjgir-Champa, Chhattisgarh. (Claimants) ... Appellants versus 1. Balaram Sahu, S/o Fulsai Sahu, Aged about 26 years, R/o Village Mudpar (Khisora), P.S. and Tahsil Nawagarh, District Janjgir- Champa, Chhattisgarh. (Driver of the offending vehicle pickup No.CG-11/AV-2475) 2. Geetaram Kashyap, S/o Puniram Kashyap, R/o Village Gudipara Kukda (Godhana), Tahsil Naagarh, District Janjgir-Champa, Chhattisgarh. (Owner of the offending vehicle pickup No.CG-11/AV-2475) 3. The Oriental Insurance Company Ltd., through Branch Manager, Branch Office Shanti Nagar, Champa, Tahsil Champa, District Janjgir-Champa, Chhattisgarh (Insurer of the offending vehicle pickup No.CG-11/AV-2475) ... Respondents For Appellants : Mr. Ankush Gupta, Advocate, on behalf of Mr. Pushpendra Kumar Patel, Advocate. For Respondents No.1 & 2 : Ms. Pranoti Das, Advocate, on behalf of Mr. Gaurav Singhal, Advocate. For Respondent No.3 : Mr. Abhishek Vinod Deshmukh, Advocate, through Video Conferencing. Single Bench:- Hon'ble Shri Justice Sanjay K. Agrawal SISTA SOMAYAJULU Digitally signed by SISTA SOMAYAJULU Date: 2025.09.23 10:22:58 +0530 (MAC No.245/2022) Judgment on Board 19/09/2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, ‘the Act of 1988’) has been preferred by the appellants herein/claimants seeking enhancement in the amount of compensation, challenging the impugned award dated 9-11-2021 passed by the 1st Additional Motor Accident Claims Tribunal, Janjgir, District Janjgir-Champa in Claim Case No.55/2021, whereby the learned Claims Tribunal has awarded a total sum of ₹ 10,00,000/- as compensation for the death of two sons of the appellants herein/claimants namely, Aman Yadav and Anil Yadav, aged about 10 years and 12 years, respectively, at the time of incident. 2. Mr. Ankush Gupta, learned counsel appearing on behalf of the appellants herein/claimants, would submit that the amount of compensation awarded by the Claims Tribunal be enhanced suitably, as just and proper compensation has not been awarded. 3. Ms. Pranoti Das, learned counsel appearing on behalf of respondents No.1 & 2 herein/driver & owner of the offending vehicle, and Mr. Abhishek Vinod Deshmukh, learned counsel appearing on behalf of respondent No.3/Insurance Company, would oppose the appeal and support the impugned award. Page 3 of 3 (MAC No.245/2022) 4. I have heard learned counsel for the parties and considered their rival submissions made herein-above and also went through the record with utmost circumspection. 5. The Supreme Court in the matter of Meena Devi v. Nunu Chand Mahto alias Nemchand Mahto and others1 for the death of a child aged about 12 years, a total amount of compensation of ₹ 5,00,000/- has been awarded along with interest @ 7% per annum. 6. In this case also, the deceased persons were aged about 10 years and 12 years and the learned Claims Tribunal has awarded a total compensation of ₹ 10,00,000/- for the death of the two deceased persons i.e. the sons of the appellants herein/claimants and as such, in light of the aforesaid decision of the Supreme Court, I do not find any merit in this appeal, it deserves to be and is accordingly dismissed. No order as to cost(s). Sd/- (Sanjay K. Agrawal) Judge Soma 1 AIR 2022 SC 5006 : (2023) 1 SCC 204