Chattisgarh High Court
Sanat Kumar vs Rajendra on 9 July, 2025
Author: Parth Prateem Sahu
Bench: Parth Prateem Sahu
1
2025:CGHC:31770
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MAC No. 2155 of 2019
1. Sanat Kumar S/o Punaram @ Punesh Sahu Aged About 36
Years
2. Rekhabai W/o Sanat Kumar Aged About 34 Years
The appellants are permanent R/o Vill. - Amlideeh, P.S. Saja
Distt. - Bemetara Chhattisgarh.
At Present R/o Banjari Nagar, Rawabhata , P.S. Khamtarai ,
District Raipur Chhattisgarh.
... Appellants-claimants
versus
1. Rajendra S/o Ramprasad Mourya R/o Vill Moudhapara Near
Railway Gate , Manendragarh, P.S. - Manendragarh, Distt.
Koriya Chhattisgarh..(Driver of vehicle No.CG16-CF-0992).
2. Kishore Kumar Gupta S/o Jageshwar Prasad Gupta R/o
Moudhapara, Near Railway Gate, Manendragarh, P.S.
Manendragarh, Distt Koriya Chhattisgarh.(Owner Of Vehicle
No. CG16-CF-0992)
3. The Oriental Insurance Co. Ltd. Through Divisional Manager
(Division No. 01) The Oriental Insurance Co. Ltd. Jail Road
Raipur , Tah. And District Raipur Chhattisgarh...(Insurer Of
Vehicle No. CG16-CF-0992).
... Respondent(s)
For Appellants : Mr. Devesh G Kela, Advocate on behalf of Mr.
Rakesh Thakur, Advocate
For Respondent No.2 : Mr. Ram Sajiwan, Advocate.
For Respondent No.3 : Mr. Akash Shrivastava, Advocate on behalf of
Mr. R.N. Pusty, Advocate.
Hon'ble Shri Justice Parth Prateem Sahu
Judgment On Board
09/07/2025
1. Appellants-claimants have filed this appeal challenging the
award dated 15.11.2018 passed by the learned 6th Additional
Motor Accident Claims Tribunal, Raipur (for short 'the Claims
Tribunal') in Claim Case No.570/2016 by which learned
Claims Tribunal allowed application of appellants-claimants in
part and awarded total compensation of Rs.1,90,000/- in a
case of child death in a road traffic accident.
2. Facts of the case, in brief, are that the child namely Kumesh
Kumar Sahu, aged about 03 years died due to injuries
sustained by him in the accident dated 15.3.2016 caused
near Ramdev Rice Mill, Saja-Gandai Road, by vehicle bearing
registration number CG04-CF-0992, which was driven rashly
and negligently by its driver. An application under Section
166 of the Motor Vehicles Act, 1988 seeking compensation to
the tune of Rs.12,50,000/- with interest was filed by the
claimants, who are parents of the deceased child. The Claims
Tribunal awarded a total sum of Rs.1,90,000/- as compensation
against the death of deceased Kumesh Kumar Sahu and liability
to pay the amount of compensation was fastened on non-
applicants jointly and severally. Being dissatisfied with the
amount of compensation, the claimants have preferred this
appeal seeking enhancement of compensation.
3. Learned counsel for the appellants submits that the award
passed by the Claims Tribunal is on the lower side and requires
to be enhanced to Rs.5,00,000/-. In support of his contention,
counsel for the appellants has placed reliance on a decision in
the case of Kishan Gopal and another vs. Lala and others,
reported in (2014) 1 SCC 244 in which Hon'ble Supreme Court
has awarded compensation of Rs.5 lakhs for the death of a child
between the age of 10 to 15 years.
4. On the other hand, learned counsel for respective respondents
supported the impugned award and submitted that amount
awarded by Claims Tribunal is just and proper and needs no
interference by this Court as the deceased was only 03 years
old, dependent on her parents and was not an earning member.
Statement made by learned counsel for appellants is based only
on future possibilities.
5. I have heard learned counsel for the parties and perused the
records.
6. The only point which requires consideration of this Court is
whether the Claims Tribunal has awarded just and reasonable
amount of compensation to claimants or not?
7. In the matter of Kishan Gopal (supra), the Hon'ble Supreme
Court considering its earlier decision in the matter of Lata
Wadhwa v. State of Bihar reported in (2001) 8 SCC 197
awarded an amount of Rs.5 Lakh as compensation by
assessing income of deceased on notional basis as Rs.30,000/-
p.a. on the ground that the rupee value has come down
drastically from the year 1994. In the matter of Lata Wadhwa
(supra) it was observed by Hon'ble Supreme Court that though
in case of death of a child on account of injuries suffered in a
motor vehicular accident, compensation could not be awarded
by assessing income of child on notional basis and applying
multiplier, but at the same time it is to be kept in mind that loss
of a child cannot be equated in terms of money and therefore
some reasonable amount of compensation should be awarded
to the parents. Further, the parents would also be entitled for
compensation towards loss of estate.
8. Recently, in case of Kusmi Devi vs. Md. Kasim and another,
reported in MANU / SC / 1124/ 2023, Hon'ble Supreme Court
while dealing with grant of compensation in case of death of
child, granted a sum of Rs. 1 lakh as a global enhancement.
Relevant paragraphs of the judgment passed by Hon'ble the
Apex Court in Kusmi (supra) are as under:-
"3. In respect of the death of a three years old child
in the accident which occurred on 25.08.1994, the
Motors Accidents Claims Tribunal (For short
'MACT") through its Award dated 13.02.2015 had
granted the compensation of Rs. 1,50,000/- with
interest @ 9% per annum. The High Court through
its judgment dated 13.12.2018 has enhanced it to a
sum of Rs.5,00,000/- as a global compensation.
4. In a matter of the present nature where the
regular parameters of determining the
compensation cannot be considered due to the
uncertainties in life of a child and as held by this
Court, the lump sum compensation is being
awarded. Without prejudice to the contentions all
the parties and in the interest of justice, we deem it
appropriate to grant a further sum of Rs.1,00,000/-
as global enhancement which shall be deposited
by the respondent No.2-Insurance Company before
the MACT concerned within a period of three
weeks from the date of receipt of a copy of this
judgment, whereupon the amount shall be
disbursed to the claimant."
9. A bare reading of above decision of Hon'ble Supreme Court in
case of Kusmi (supra) would show that the compensation of
Rs.5 Lakh granted by the High Court in case of death of three
years old child in a road traffic accident, Hon'ble Supreme Court
has granted a further sum of Rs.1 Lakh as a global
enhancement. Meaning thereby, Hon'ble Supreme Court held
that total global compensation for the death of a three year old
child is Rs.6 lakh.
10. Thus, in view of the above referred judgment of Hon'ble
Supreme Court in case of Kusmi (supra) and considering the
fact that the deceased child at time of accident was about three
years old, I am inclined to award lump compensation of
Rs.6,00,000/- to the appellants-claimants.
11. Accordingly, this appeal is allowed. The claimants/appellants
are held entitled for a lump sum compensation of Rs.6,00,000/-.
The enhanced amount of compensation will carry interest at the
rate of 8% p.a. payable from the date of filing of application till
actual payment is made. Amount of compensation, if any paid,
pursuant to the impugned award shall be adjusted. Rest of the
conditions of impugned award shall remain as it is.
12.The award impugned stands modified to the extent indicated
above.
Digitally
SYED signed
ROSHAN by SYED
ZAMIR ROSHAN
ALI ZAMIR Sd/-
ALI
(Parth Prateem Sahu)
Judge
roshan/-
