1 CGHC010370282023 2026:CGHC:42351 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1863 of 2023 1 - Shatruhan Lal S/o Murit Ram Kaiwart (Since Dead) Through LRs Firteen Bai Wd/o Late Murit Ram Kaiwart Aged About 61 Years R/o Baloda, District Janjgir- Champa (C.G.) (Applicant) ...Appellant versus 1 - Basant Chaudhari S/o Dukha Chaudhary Aged About 53 Years R/o Village- Supal, Post Rasalpur Fatah, Police Station- Patepur, District- Vaishali (Bihar) 2 - Indermani Minrals India Private Limited R/o Tower C-1, 1st Aishwarya Chamber, G.E. Road, Telibandh, District- Raipur (C.G.) (Owner Of The Vehicle Bus No. C.G.-10/r-5500) 3 - The Oriental Insurance Company Limited Through Branch Manager, Branch Office- 2nd Floor, Rama Trade Center, In Front Of Rajiv Plaza, Old Bus Stand, Bilaspur, Tahsil And District- Bilaspur (C.G.) (Non- Applicants) ... Respondents For Appellant : Mr. Anand Kesharwani, Advocate For Respondent No.3 : Mr. Abhishek Vinod Deshmukh, Advocate through video conferencing. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 2 (29.09.2026) 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short the "Act of 1988") has been preferred by the appellant/claimant seeking enhancement of the amount of compensation, challenging the impugned award dated 01.11.2022, passed in Claim Case No.07/2018, whereby the learned Claims Tribunal has awarded a total sum of Rs.70,000/- as compensation for the death of cattle (3 cow, 04 heifers and 02 calves) of appellant, who died in a road accident which took place on 18.07.2017. 2. Brief facts of the case are that, on 18.07.2017, in the morning, in front of Durga Temple, the appellant’s 09 head of cattle, comprising 03 cows, 04 heifers and 02 calves, were standing there. At that time, respondent No.1, driving the offending vehicle in a rash and negligent manner, struck the appellant’s 09 cattle, thereby causing the accident. As a result, 01 cow, 04 heifers and 02 calves died on the spot. The remaining 02 cows sustained injuries when the wheel of the vehicle ran over their legs, and subsequently, they also died. A report regarding the accident was lodged at Police Station Baloda, District Janjgir. Consequently, the applicant filed a claim application against the respondents seeking compensation for the death of her cattle in the accident, claiming a total compensation of Rs.4,95,000/- under various heads. 3. Pleading of the claimant has, however, been denied by the respondents. 4. After evaluating the evidence available on record, the Tribunal has awarded the compensation of Rs.70,000/- along with interest @ 9% per annum in favour of the appellant/claimant assessing the value of cattle at Rs. 45,000/- as per damage panchanama (Ex.P- 7), awarded Rs. 20,000/- towards the loss of milk resulting from 3 the death of two adult cattle, and further awarded Rs. 5,000/- towards mental agony suffered by the claimant due to the death of the cattle. Hence, this appeal for enhancement. 5. Learned counsel appearing for the appellant submits that the impugned award passed by the learned Tribunal is inadequate and needs suitable enhancement. Learned counsel further submits that the learned Tribunal ought to have assessed the value of each cattle at a minimum of Rs. 50,000/-, having regard utility, productive capacity and prevailing market value. According to learned counsel, the amount of Rs. 5,000/- per cattle assessed by the Tribunal is inadequate. Learned counsel also submits that the Tribunal has failed to make an adequate award towards loss of income suffered by the appellant on account of the death of the cattle. Learned counsel also submits that that the Tribunal has also failed to award a reasonable amount towards pain, suffering and mental agony caused to the appellant on account of the loss of the cattle. Therefore, the compensation awarded by the learned Tribunal being on lower side deserves to be enhanced suitably in the interest of justice. 6. Per contra, learned counsel appearing for the respondent No.2 opposes the prayer for enhancement of compensation and submits that the amount awarded by the learned Tribunal is just and proper and does not call for any interference. 7. I have heard learned counsel appearing for the appellant and respondent No.2 & perused the record of the Tribunal, including award impugned. 8. Having considered the submissions of learned counsel for the parties and upon perusal of the evidence available on record, including the damage panchnama (Ex.P-7), this Court finds that the compensation awarded by the learned Tribunal requires some enhancement. 4 9. The Tribunal has awarded Rs.45,000/- towards death of cattle as per damage panchanama (Ex.P-7), Rs.20,000/- towards loss of milk due to death of two adult cattle and Rs.5,000/- towards mental agony, totaling Rs.70,000/-, which in the facts and circumstances of the case & having regard to the nature, utility and circumstances relating to the cattle, is not found to be justified and needs to be modified suitably. 10. Thus, in the light of aforesaid discussion, this Court assesses the value of the three cows at Rs.20,000/- each and the six calves at Rs.10,000/- each, making a total of Rs.1,20,000/- towards the value of the cattle. Thus, the claimant/appellant is entitled to get compensation of Rs.1,20,000/- towards loss of cattle. 11. In view of the aforesaid analysis, the amount of compensation of Rs.70,000/- awarded by the Claims Tribunal is enhanced to Rs.1,20,000/-. Hence, after deducting the amount of Rs.70,000/-, the appellant is held entitled for an additional amount of Rs.50,000/-. The additional amount of compensation shall carry interest @ 6% per annum from the date of filing of the appeal till its realization. Rest of the conditions of the impugned award shall remain intact. 12. The Registry is further directed to communicate the claimants in writing “the enhanced amount” in this appeal as against the award made by the Tribunal below. The said communication be made in Hindi Deonagri language and the help of paralegal workers may be availed with a co-ordination of Secretary, Legal Aid of the concerned area wherein the claimants resides. Sd/- (Sanjay Kumar Jaiswal) Judge Pekde Digitally signed by VIJAY BHARATRAO PEKDE Date: 2026.09.30 10:54:04 +0530