1 2026:CGHC:14592 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 480 of 2020 1. Indrakunwar, aged about 29 years, W/o Shri Shivshankar, 2. Shivshankar, aged about 30 years, S/o Shri Bhukhanram Sarthi, Both are R/o Songanga Colony, Seepat Road, Sarkanda, Bilaspur, District Bilaspur, Chhattisgarh. (Claimants) ... Appellants versus 1. Thunulal @ Ramnath Cherwa, aged about 24 years, S/o Shri Aalam Sai Cherwa, R/o Gajadharpur, P.S. Jainagar, District Surajpur, Chhattisgarh. (Driver of Motor Cycle No.CG-15/CP-4638) 2. Lakhanram Goswami, aged about 22 years, S/o Shri Ramkhelawan Goswami, R/o Gajadharpur, Police Station Jainagar, District Jashpur, Chhattisgarh. (Owner of Motorcycle No.CG-15/CP-4638) 3. National Insurance Company Limited, through Divisional Manager, Vyapar Vihar Road, Bilaspur, District Bilaspur, Chhattisgarh. (Insurer of Motorcycle No.CG-15/CP-4638) ... Respondents For Appellants : Mrs. Bhagwati Kashyap and Mrs. Bhawana Chandrawanshi, Advocates. For Respondent No.3 : Mr. Shashank Agrawal, Advocate on behalf of Mr. Sudhir Agrawal, Advocate. Single Bench:- Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 25/03/2026 SISTA SOMAYAJULU Digitally signed by SISTA SOMAYAJULU Date: 2026.03.27 17:45:55 +0530 2 1. Heard on I.A.No.1/2019, application for condonation of delay in filing the appeal. 2. On due consideration and for the reasons mentioned in the application, it is allowed. Delay in filing the appeal is hereby condoned. 3. Also heard on admission. 4. The appeal is admitted for hearing and with the consent of parties, the matter is heard finally. 5. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellants herein/claimants seeking enhancement in the amount of compensation, challenging the impugned award dated 29-6-2019 passed by the 3rd Additional Motor Accident Claims Tribunal, Bilaspur in MACT No.291/2014, whereby the learned Claims Tribunal has granted a compensation of ₹ 2,55,000/- for the death of deceased Seema Sarthi, aged about 12 years at the time of incident. The appellants herein/claimants are parents of the deceased. 6. Mrs. Bhagwati Kashyap, learned counsel appearing on behalf of the appellants herein/claimants, would submit that for the death of claimants’ daughter Seema Sarthi, aged about 12 years, a compensation of ₹ 2,55,000/- has been awarded by the Claims Tribunal, which is very much on lower side and the same be enhanced suitably. She would further submit that the Claims Tribunal ought to have awarded compensation of ₹ 7,87,000/-. 3 7. Mr. Shashank Agrawal, learned counsel appearing on behalf of respondent No.3/Insurance Company, would support the impugned award and oppose the appeal. 8. I have heard learned counsel for the parties and considered their rival submissions made herein-above and also gone through the record with utmost circumspection. 9. The deceased aged about 12 years is studying in Middle School and the compensation of ₹ 2,55,000/- awarded by the Claims Tribunal appears to be lower, however, in light of the principle of law laid down by the Supreme Court in the matter of Harprasad Yadav and another v. Maniram Yadav and others1, the compensation is enhanced to ₹ 5,00,000/- in total along with 6% interest from the date of the application i.e. 25-6-2014 till its realisation. The compensation already withdrawn shall be deducted and the additional compensation amount of ₹ 2,45,000/- shall be deposited by the respondent concerned along with interest within 45 days from the date of receipt of a copy of this order. Rest of the conditions of the impugned award shall remain intact. 10. The appeal stands finally disposed of. No order as to cost(s). Sd/- (Sanjay K. Agrawal) Judge Soma 1 Special Leave to Appeal (C) No.22524/2024, decided on 16-10-2025