1 2026:CGHC:14770 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 2144 of 2019 1 - Smt. Bhanuprabha Shrivastav W/o Rajeev Shrivastav Aged About 48 Years R/o Karma Vihar Colony Motinagar, House No. K.B. 10, P.S. - Tikrapara District Raipur Chhattisgarh... (Applicant), District : Raipur, Chhattisgarh 2 - Rajeev Shrivatava S/o Shiv Kumar Shrivatava Aged About 52 Years R/o Karma Vihar Colony Motinagar, House No. K.B. 10, P.S. - Tikrapara District Raipur Chhattisgarh...(Applicant), District : Raipur, Chhattisgarh ... Appellants versus 1 - Jitendra Das Manikpuri S/o Toran Das Manikpuri R/o Ganganagar, P.S. Khamtarai, District Raipur (Driver Of Car - C.G. - 04,/dy - 8444), District : Raipur, Chhattisgarh 2 - Swami Pulsel S/o Basantram Pulsen R/o House No. D 435/5, Near M.L. Rest House, Tagore Nagar Raipur District Raipur Chhattisgarh...(Owner Of Car No. C.G. - 04/dy- 8444)... (Non Applicant), District : Raipur, Chhattisgarh HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2026.04.01 11:07:54 +0530 2 3 - Tata A.I.G. General Insurance Co. Ltd. Through In Charge Officer Lalganga Shoping Mal , G.E. Road , Raipur Tah. And District Raipur Chhattisgarh...(Non Applicant), District : Raipur, Chhattisgarh ... Respondent(s) For Appellants : Mr. Rakesh Thakur, Advocate For Respondent No. 3 : Ms. Harneet Kaur, Advocate SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 30.03.2026 1. The appellants/claimants have preferred this appeal under Section 173 of Motor Vehicle Act, 1988 questioning the impugned award dated 10/01/2019 passed by the learned 1st Additional Motor Accident Claims Tribunal, Raipur in Claim Case No. 722/2014 seeking enhancement of compensation. 2. Learned counsel for the appellant submits that the Claims Tribunal has only granted Rs. 38,000/- as compensation for the injuries suffered by the original claimant Mayank Shrivastava (now deceased) which is on the lower side, therefore, the appeal be allowed and the compensation be enhanced suitably. 3. Learned counsel for respondent No. 3 would support the impugned award and submit that the original claimant 3 Mayank Shrivastava did not die on account of the injuries suffered by him in the accident, therefore, the trial Court had rightly granted the aforesaid compensation to him and as such, the instant appeal is liable to be dismissed. 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection. 5. After hearing learned counsel for the parties and after going through the record, considering the injuries sustained by the original claimant Mayank Shrivastava though he subsequently died on account of cancer, I deem it appropriate to enhance the aforesaid amount of compensation of Rs. 38,000/- granted by the Claims Tribunal and it is hereby enhanced to Rs. 1,00,000/-. Hence, the claimants are held entitled for an additional amount of Rs. 62,000/-. Respondent No. 3 is directed to deposit the amount of compensation as enhanced by this Court within a period of 30 days from the date of receipt of copy of this order. The additional amount of compensation shall carry interest @ 9 % per annum from the date of filing of claim application before the Tribunal i.e. 24/12/2014 till its realization. Rest of the conditions of the impugned award shall remain intact. 4 6. Accordingly, this appeal is allowed and the impugned award is modified to the extent as indicated herein-above. Sd/- (Sanjay K. Agrawal) Judge Harneet