1. Smt. Latabai Bind W/o Harinarayan Bind Aged About 30 Years. 2. Harinarayan Bind v. 1. Anurag Kujur S/o K.P. Kujur Aged About 31 Years Resident Of House No
Case Details
1 / 5 2025:CGHC:34776 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 584 of 2020 1. Smt. Latabai Bind W/o Harinarayan Bind Aged About 30 Years. 2. Harinarayan Bind S/o Late Balaram Aged About 32 Years Both are R/o Village- Nagpura, Post- Jawalpur, Tehsil Baloda, At Present Resident of Koni, Police Station- Koni, Tahsil And District- Bilaspur, Chhattisgarh --- Appellants/ Applicants-Claimants versus 1. Anurag Kujur S/o K.P. Kujur Aged About 31 Years Resident Of House No. 7/1565 Ring Road No. 2, Panna Nagar, Near Jatiya Talab, Bilaspur, Tahsil And District- Bilaspur, Chhattisgar...Driver
Legal Reasoning
2. Smt. Sharda Kujur W/o K.P. Kujur Resident Of House No. 7/1565 Ring Road No. 2, Panna Nagar, Near Jatiya Talab, Bilaspur, Tahsil And District- Bilaspur, Chhattisgar...Owner 3. Future General India Insurance Company Limited Through The Branch Manager, Branch Office- Maruti Business Park, Office No. 9, Second Floor, G.E. Road, Raipur, Tahsil And District- Raipur, Chhattisgarh, District : Raipur, Chhattisgarh ____________________________________________________________ For Appellants : Ms. Diksha Jaiswal, Advocate on behalf of Mr. Goutam Khetrapal, Advocate ---Respondents/ Non-applicants PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA For Respondent No. 3 : Mr. Sourabh Gupta, Advocate on behalf of Sourabh Sharma, Advocate Hon'ble Shri Justice Parth Prateem Sahu Judgment On Board 22/07/2025 1. Appellants-claimants have filed this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”), challenging the award dated 2 / 5 30.03.2019 passed by Learned Motor Accident Claims Tribunal, Bilaspur, Chhattisgarh (for short “Claims Tribunal”) in Claim Case No. 173/2018, whereby learned Claims Tribunal allowed the application filed under Section 166 of the Act, 1988 in part and awarded total sum of ₹ 2,55,000/- as compensation in a case of child death in a road traffic accident 2. Facts of the case, in brief, are that the child namely Ku. Meera Bind, aged about 7 years died due to injuries sustained by her in the accident dated 23.12.2017 caused near Belanihadih, by vehicle car bearing registration number CG10-AK-5544, which was driven rashly and negligently by its driver-non-applicant No. 1. An application under Section 166 of the Motor Vehicles Act, 1988 seeking compensation to the tune of ₹ 10,80,000/- with interest was filed by the claimants, who are parents of the deceased child. The Claims Tribunal awarded a total sum of ₹ 2,55,000 as compensation against the death of deceased Ku. Meera Bind and liability to pay the amount of compensation was fastened on non-applicants jointly and severally. Being dissatisfied with the amount of compensation, claimants have preferred this appeal seeking enhancement of compensation. 3. Learned counsel for the appellants submits that the compensation awarded by the Claims Tribunal, assessing income of deceased child as ₹ 15,000 per month is on the lower side and requires to be enhanced to ₹ 5,00,000/-. In support of her contention, she 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 ₹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 3 / 5 Tribunal is just and proper and needs no interference by this Court as the deceased was only 07 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 claimants would be entitled for compensation of Rs. 5,00,000 as argued by learned counsel for appellant. 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 ₹5 Lakh as compensation by assessing income of deceased on notional basis as ₹ 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 2023 ACJ 1658, Hon’ble Supreme Court while dealing with grant of compensation in case of death of child, granted a sum of ₹ 1 lakh as a global enhancement. Relevant paragraphs of the judgment passed by Hon'ble the Apex Court in Kusmi (supra) are as under:- 4 / 5 "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 ₹ 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 ₹5,00,000/- as a global compensation. determining 4. In a matter of the present nature where the regular parameters of 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 ₹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 ₹ 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 ₹ 1 Lakh as a global enhancement.
Decision
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 7 years old, I am inclined to accept the submission of learned counsel for appellant and award lump compensation of ₹ 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 ₹ 6,00,000/-. The enhanced amount of compensation will carry interest at the rate of 8% p.a. payable 5 / 5 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. Appeal is allowed in part and the impugned award stands modified to the extent indicated above. pwn Sd/- (Parth Prateem Sahu) Judge