1 CGHC010159542026 2026:CGHC:30730 HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1033 of 2026 1 - Rajkumar S/o Dhansai Aged About 42 Years R/o Village Kishunpur, P.S. Dhourpur, Tahsil Lundra, Distt. Sarguja, Chhattisgarh. 2 - Hirondi W/o Rajkumar Aged About 38 Years R/o Village Kishunpur, P.S. Dhourpur, Tahsil Lundra, Distt. Sarguja, Chhattisgarh. ... Appellants versus 1 - Sunil Kumar S/o Govind Ram Gond Aged About 29 Years R/o Village Dumki, P.S. Dhourpur, Distt. Sarguja, Chhattisgarh. (Driver of Offending Vehicle Number CG-15/EB-8373). 2 - Surendra Kumar Minj S/o Sundar Sai Aged About 43 Years R/o Village Padoli, Dumarpara, P.S. Dhourpur, Distt. Sarguja, Chhattisgarh. (Owner Of Offending Vehicle Number Cg-15/EB-8373) 3 - Magma General Insurance Company Limited First Floor, Block No. 01, Dharam Nagar, Taigore Nagar, Raipur, Chhattisgarh. (Insurer Of Offending Vehicle Number Cg-15/eb-8373) ... Respondents For the appellants : Mr. Dinesh Yadav & Mr. Shiv Sewak, Advocates For Respondent(s) : ……….. Hon’ble Shri Justice Sanjay Kumar Jaiswal) 2 Judgment on Board 20.07.2026 1. Heard on admission. This appeal under Section 173 of Motor Vehicles Act, 1988 (for short “MV Act”) has been filed seeking enhancement of compensation and challenging the impugned award dated 10.03.2026 passed by the learned VI Motor Accident Claims Tribunal, Ambikapur in Claim Case No. 307/2024 whereby learned Claims Tribunal has awarded a total compensation of Rs. 5,10,000/- for the death of deceased child aged about 2 years. 2. As per facts pleaded in claim petition, the deceased died in a motor accident took place on 23.10.2024 due to rash and negligent driving of respondent no.1. Appellant no.1 is father and appellant no. 2 mother of deceased and they being legal heirs filed claim application seeking a total compensation of Rs.12,50,000/- 3. On close scrutiny of evidence and documents placed on record, the tribunal took the notional income as Rs.36,000/-, added 40% future prospects; deducted one-half towards personal expenses and looking to the age of deceased child (only 2 years), applied multiplier 15. Thus, the loss of dependency was worked out to Rs.3,78,000/-. In addition, Rs.1,32,000/- was granted under other conventional heads. Thus the Tribunal has granted a total compensation of Rs.5,10,000/- on various heads as per the following table : S.No Head Amount 01. Loss of Income or dependency :- Annual income Rs.36,000 plus 40% future prospects 14400/- = 50,400; 3,78,000 3 deducted one-half i.e., 25,200; applied further applied multiplier 15 02. Funeral expenses 18,000/- 03. Loss of estate 18,000/- 04. Loss of consortium/ love and affection Rs.48000 x 2 96,000/- 05. Total 5,10,000/- 4. Learned counsel for the appellant contends that the Tribunal has taken the lesser income of deceased and further the amounts granted under other conventional heads are also lesser, as such, the award is liable to be enhanced. 5. Since deceased Soumya was only two years child at the time of accident, it would be relevant to refer to the decision of the Hon’ble Supreme Court rendered in a similar case of Meena Devi v. Nanu Chand Mahto alias Nemchand Mahto (2023) 1 SCC 204 wherein relying on its previous decision in case of Kishan Gopal v. Lala (2014) 1 SCC 244 and Kurvan Ansari Alias Kurvan Ali v. Shyam Kishore Murmu (2022) 1 SCC 317 the Court held in Paragraphs 14,15, 16 & 16 as under :- “14. Recently in the case of Kurvan Ansari (supra), wherein a child aged about 7 years died in a road accident took place on 6.9.2004, this Court taking notional income as Rs. 25,000/-, applying the multiplier of 15, calculated the loss of dependency as Rs. 3,75,000/- and adding Rs. 55,000/- in conventional heads, awarded Rs. 4,70,000/-. 15. In view of the foregoing decisions, it is apparent that in the cases of child death, the notional income of Rs. 15,000/- as specified in the IInd Schedule of M.V. Act has been enhanced on account of devaluation of money and value of rupee coming down from the date on which the IInd Schedule of M.V. Act was introduced and the said notional income was treated as Rs. 30,000/- in the case of Kishan Gopal (supra) and Rs. 25,000/- in Kurvan Ansari (supra) in age group of 10 and 7 years respectively. 16. Thus applying the ratio of the said judgments, looking to the age of the child in the present case 4 i.e. 12 years, the principles laid down in case of Kishan Gopal (supra) are aptly applicable to the facts of the present case. As per the ocular statement of the mother of the deceased, it is clear that deceased was a brilliant student and studying in a private school. Therefore, accepting the notional earning Rs. 30,000/- including future prospect and applying the multiplier of 15 in view of the decision of this Court in Sarla Verma (supra), the loss of dependency comes to Rs. 4,50,000/- and if we add Rs. 50,000/- in conventional heads, then the total sum of compensation comes to Rs.5,00,000/-. As per the judgment of MACT, lump sum compensation of Rs. 1,50,000/- has been awarded, while the High Court enhanced it to Rs. 2,00,000/- up to the value of the Claim Petition. In our view, the said amount of compensation is not just and reasonable looking to the computation made hereinabove. Hence, we determine the total compensation as Rs. 5,00,000/- and on reducing the amount as awarded by the High Court i.e. Rs. 2,00,000/-, the enhanced amount comes to Rs. 3,00,000/-. 6. Applying the ratio of the above judgments and looking to the age of the deceased child in the present case i.e. 2 years, the principles laid down in above cases are applicable to the facts of the present case and hence the assessment made by the Tribunal is not on lower side. 7. In view of the above discussion, I am of the opinion that the award passed by the tribunal cannot be said to be unjust or unreasonable warranting interference by this Court in the instant appeal. 8. Accordingly, this appeal is dismissed at the admission stage itself. Sd/- Sanjay Kumar Jaiswal Judge Rao