1 2026:CGHC:22548 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1441 of 2019 1 - Vashudev Vishwash S/o Late Bhagirathi Vishwash Aged About 37 Years Occupation- Agriculture, R/o Village- Jawaharnagar, Post- Bardar Tahsil - Balrampur, District- Balrampur-Ramanujganj Chhattisgarh, District : Balrampur, Chhattisgarh 2 - Smt. Reena Vishwash W/o Vashudev Vishwas Aged About 35 Years Occupation- House Wife, R/o Village- Jawaharnagar, Post- Bardar Tahsil - Balrampur, District- Balrampur- Ramanujganj Chhattisgarh, District : Balrampur, Chhattisgarh ... Appellants versus 1 - Raghuvir Singh S/o Samiran Singh Aged About 34 Years R/o Village - Chandanpur, Post - Aragahi, P.S. And Tahsil - Ramanujganj, District Balrampur-Ramanujganj Chhattisgarh, District : Balrampur, Chhattisgarh HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2026.05.14 11:45:35 +0530 2 2 - Herman Tirkey S/o Late Balsai Tirkey Aged About 58 Years R/o Hospital Colony Ambikapur, P.S. And Tahsil - Ambikapur, District Surguja Chhattisgarh Present Address Village - Lamgaon Post - Lamgaon, P.S. And Tahsil - Lundra, District- Surguja Chhattisgarh, District : Surguja (Ambikapur), Chhattisgarh 3 - The Divisional Manager United India Insurance Company Ltd., Division Office Near Kumkum Hotal Braham Road Ambikapur Nagar, P.S. And Tahsil - Ambikapur, District - Surguja Chhattisgarh, District : Surguja (Ambikapur), Chhattisgarh 4 - Dipankar Bairagi S/o Late Haripad Bairagi Aged About 23 Years R/o Village - Jawaharnagar Post - Bardar, P.S. And Tahsil - Balrampur, District- Balrampur-Ramanujganj Chhattisgarh, District : Balrampur, Chhattisgarh ... Respondents For Appellants : Mr. A.N. Pandey, Advocate For Respondent No. 3 : Mr. Sudhir Agrawal, Advocate SB - Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 13.05.2026 1. This appeal under Section 173 of the Motor Vehicle Act, 1988 has been preferred by the appellants/claimants seeking enhancement of 3 compensation, challenging the impugned award dated 15/05/2019 (Annexure A/1) passed by learned Motor Accident Claims Tribunal, Surguja in Claim Case No. 73/2018 whereby compensation of Rs. 3,85,000/- has been awarded in favour of the appellants/claimants for the death of their son Jaidev Vishwash, aged about 13 years. 2. Learned counsel for the appellants/claimants would submit that the compensation awarded by the Claims Tribunal is grossly inadequate and deserves to be enhanced in light of the decision rendered by the Supreme Court in the matter of Harprasad Yadav and Anr. v. Maniram Yadav and Ors.1 whereby compensation of Rs. 5,88,000/- has been awarded in favour of the claimants for the death of their daughter aged about 16 years. 3. Learned counsel for respondent No. 3 would support the impugned award and submit that the compensation awarded by the Claims Tribunal is just 1 2025 (4) TAC 766 (SC) 4 and proper and does not warrant any interference by this Court. He would further submit that the penal interest of 9% awarded by the Claims Tribunal is liable to be set aside. 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. A careful perusal of the award would show that the Claims Tribunal has awarded compensation of Rs. 3,15,000/- for loss of dependency, Rs. 15,000/- for loss of estate, Rs. 15,000/- for funeral expenses and Rs. 40,000/- for loss of consortium and thereby, granted total compensation of Rs. 3,85,000/- in favour of the appellants/claimants, which in my considered opinion is inadequate. As such, in view of the decision rendered by the Supreme Court in the matter of Harprasad Yadav (supra) whereby compensation of Rs. 5,88,000/- has been awarded in favour of the appellants/claimants for the death of 5 16 year old girl, I award additional compensation of Rs. 2,03,000/- in favour of the appellants/claimants for the death of their son Jaidev Vishwash who was aged about 13 years. 6. In view of the aforesaid analysis, the amount of compensation of Rs. 3,85,000/- awarded by the Claims Tribunal is enhanced to Rs. 5,88,000/-. Hence, the appellants/claimants are held entitled for an additional compensation of Rs. 2,03,000/-. Respondent No. 3/Insurance Company 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 @ 7% per annum from the date of filing of claim application before the Tribunal i.e. 06/04/2018 till its realization. However, the penal interest of 9% awarded by the Claims Tribunal is hereby set aside. Rest of the conditions of the impugned award shall remain intact. 6 7. Accordingly, the impugned award is modified and the instant appeal is allowed to the extent indicated herein-above. Sd/- (Sanjay K. Agrawal) JUDGE Sd/- Harneet