Korba, Chhattisgarh v. 1. Shaniram Yadav S/o Itwar Singh Yadav Aged About 27 Years R/o Village Telansara
Case Details
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
Legal Reasoning
: Ms. Dhaneshwari Patel, Advocate on behalf of For Respondent No.1 & 2 : None though served. For Respondent No.3 : Mr. P. Dutta, Advocate on behalf of Mr. Sudhir Mr. P.K.Patel, Advocate Agrawal, Advocate 2 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 3 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 4 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. 5 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.
Decision
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 Digitally signed by SYED ROSHAN ZAMIR ALI roshan/- Sd/- (Parth Prateem Sahu) Judge