1 CGHC010288942026 2026:CGHC:32751 HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1742 of 2026 1 - Dhaniram Kenwat S/o Kejuram Aged About 40 Years R/o Ashok Nagar, Sarkanda, Police Station- Sarkanda, Tahsil and District- Bilaspur (CG). 2 - Smt. Damini Kenwat W/o Dhaniram Kenwat Aged About 35 Years R/o Ashok Nagar, Sarkanda, Police Station- Sarkanda, Tahsil and District- Bilaspur (CG) ... Appellants versus 1 - Heman Kumar Kenwat S/o Lakhanlal Kenwat Aged About 45 Years Occupation- Driver, R/o Village- Tanaud, Ward No. 12, Via Shrivrinarayan, District- Janjgir- Champa (CG) (Driver of Tractor CG-22-W-2945). 2 - Heera Lal Bariha S/o Bihari Lal Bariha R/o Village- Devarrund Ward No. 13, Balodabazar, Devri, Raipur, Tahsil And District- Raipur (CG) (Owner of Tractor CG- 22-W- 2945). 3 - S B I General Insurance Company Limited Registered And Corporate Office- Natraj 101-201 And 301, Junction Westen Express Highway And Andheri Kurla Road, Andheri (West) (Mumbai)- 400069 S.B. I. General Insurance Company Limited, Second Floor Regal Towers2 Sadar Ali Taiyab Ali Road, Napier Town, Jabalpur, District- Jabalpur (Mp) S.B.I. General Insurance Company Limited, Rama Port Second Floor, Vyapar Vihar Main Road, Bilaspur, Tahsil And District- Bilaspur (Cg) (Insurer of Tractor CG-22-W-2945) ... Respondents For the appellants : Ms. Pranoti Das, Advocate, on behalf of Mr. Gaurav Singha, Advocate. For the respondents : …. (Hon’ble Shri Justice Sanjay Kumar Jaiswal (Order on Board) 2 29.07.2026 1. This appeal under Section 173 of Motor Vehicles Act, 1988 (for short “MV Act”) has been filed seeking enhancement of compensation, challenging the impugned award dated 28.02.2026 passed by the learned XII Motor Accident Claims Tribunal Bilaspur in Claim Case No. 406/2024 whereby a total compensation of Rs.16,59,120/- has been awarded for the death of deceased. 2. Brief facts of the case are that the deceased Chanchal, a school going girl, aged about 16 years, died in a motor accident took place on 17.02.2024 due to rash and negligent driving of respondent no.1. Appellants are parents of deceased. They being legal heirs filed claim application seeking a total compensation of Rs. 54 lakhs. 3. Learned counsel for the appellants submits that the income taken by the Tribunal and the amounts granted under the conventional heads are on lower side, therefore, just compensation has not been granted. She prays that the award may suitably be enhanced. 4. The claimants pleaded that the monthly income of deceased be taken at Rs. 12,000/- as per the Collectorate rate. In absence of any clinching and admissible evidence, the learned claims Tribunal took the monthly income of deceased to be Rs 10,100/- as per the C.G. Minimum Wages Act, which cannot be said to be on lower side. 5. The age of deceased was found to be 16 years. Considering the age and number of dependents as also in the light of the decisions of the Supreme Court rendered in National Insurance Company Ltd. Versus Pranay Sethi (2017) 16 SCC 680; Sarla Verma Vs. Delhi Transport Corporation (2009) 6 SCC 121 and Magma General Insurance Co. Ltd. Versus Nanu Ram @ Chuhru Ram (2018) 18 SCC 130 the Tribunal has rightly added 40% future prospects, deducted ½ 3 (one-half) towards personal expenses and applied multiplier 18. Thus the total loss of dependency was worked out to Rs.15,27,120/-. 6. Further more, under other conventional heads, in all Rs. 1,32,000/- has been granted i.e., Rs.18000/- for funeral expenses; Rs. 18,000/- for loss of estate and Rs.96,000/- for loss of consortium or love & affection. Thus a total compensation of Rs.16,59,120/- - has been awarded for the death of deceased in favour of the appellants with interest @ 9% per annum from the date of application till its realisation. 7. Since the award passed by the Tribunal is strictly in conformity with the formulas laid down by the Supreme Court in above cases, it cannot be said that just compensation has not been awarded. Hence, this Court is not inclined to interfere with the award passed by the Tribunal warranting interference in this appeal. Accordingly, this appeal is dismissed. Sd/- Sanjay Kumar Jaiswal Judge Rao