Chattisgarh High Court
Smt. Geeta vs Shaniram Yadav on 10 June, 2025
Author: Parth Prateem Sahu
Bench: Parth Prateem Sahu
1
2025:CGHC:22813
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MAC No. 1938 of 2019
1. Smt. Geeta W/o Late Arjun Yadav Aged About 37 Years R/o
Village Telansara, Bankimongra, Tahsil Katghora, District
Korba, Chhattisgarh., District : Korba, Chhattisgarh
2. Arjun Yadav S/o Duhain Yadav Aged About 38 Years R/o
Village Telansara, Bankimongra, Tahsil Katghora, District
Korba, Chhattisgarh., District : Korba, Chhattisgarh
... Appellants/claimants
versus
1. Shaniram Yadav S/o Itwar Singh Yadav Aged About 27 Years
R/o Village Telansara, Bankimongra, Tahsil Katghora, District
Korba, Chhattisgarh., District : Korba, Chhattisgarh
2. Mahendra Singh S/o Late Sohan Singh Aged About 32 Years
R/o Gurudwara Gali, Bankingimongra, Tahsil Katghora,
District Korba, Chhattisgarh, District : Korba, Chhattisgarh
3. United India Insurance Company Limited Through Divisional
Manager, United India Insurance Company Ltd. Division
Office- Sitamani Main Road, Korba, District Korba,
Chhattisgarh, District : Korba, Chhattisgarh
... Respondent(s)
For Appellant : Ms. Dhaneshwari Patel, Advocate on behalf of
Mr. P.K.Patel, Advocate
For Respondent No.1 & 2 : None though served.
For Respondent No.3 : Mr. P. Dutta, Advocate on behalf of Mr. Sudhir
Agrawal, Advocate
Hon'ble Shri Justice Parth Prateem Sahu
Judgment On Board
10/06/2025
1. Appellants-claimants have filed this appeal challenging the
award dated 19.8.2019 passed by the learned Additional
Tribunal to the Court of Additional Motor Accident Claims
Tribunal, Katghora District Korba (for short 'the Claims
Tribunal') in Claim Case No.80/2018 by which learned Claims
Tribunal allowed application of appellant-claimant in part and
awarded total compensation of Rs.50000/- to claimants/
appellants herein, in a death case.
2. Facts of the case, in brief, are that the child namely Avinash
Yadav, aged about 15 years on the date of accident i.e.
11.2.2018, died due to injuries sustained in the accident
caused by vehicle bearing registration numbe CG12-U-1481
in front of Officers' Colony, Bankimongra, Tahsil Katghora,
District Korba, 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.24,00,000/-
with interest was filed by the claimants, who are parents of
the deceased child. The Claims Tribunal awarded a total sum
of Rs.50,000/- as compensation for the death of deceased
Akhilesh and liablity to pay the amount of compensation was
fastened on respondents No.3. 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. In support of contentions, 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 the respondent No.3
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 15 years
old, dependent on her parents and was not an earning member.
The statement made by the 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. Similarly, in the case of Meena Devi vs. Nunu Chand Mahto
reported in (2023) 1 SCC 204 considered the death of a 12 year
child and reiterated and applied the ratio laid down in the case of
Kishan Gopal (supra) has awarded a sum of Rs. 5 Lakh by
adopting the income and multiplier as applied by the learned
Claims Tribunal case of Kishan Chand (supra).
9. In the case at hand, admittedly the death of child took place in
the year 2018 and in between 1994 to 2018 the value of rupee
has drastically come down, which is to be taken into
consideration while awarding amount of compensation. This
apart, claimants/appellants herein are also entitled for
compensation under the heads of loss of consortium.
10. Considering overall facts and circumstances of case and law
laid down by Hon'ble Supreme Court in the matters of Kishan
Gopal (supra) & Meena Devi (supra), in the opinion of this
Court, the ends of justice would be served if a lump sum amount
Rs.5,00,000/- is awarded as compensation to claimants/
appellants along with interest @ 9% p.a. from the date of filing
of application till its realization.
11. In view of the above, the claimants/appellants are held entitled
for a total compensation of Rs.5,00,000/-. The amount of
compensation will carry interest at the rate of 9% 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.In the result, the appeal is allowed in part and the award
impugned stands modified to the extent indicated above.
SYED
ROSHAN
ZAMIR ALI
Sd/-
Digitally
signed by
(Parth Prateem Sahu)
SYED ROSHAN Judge
ZAMIR ALI
roshan/-
