Chhattisgarh High Court
MAC/245/2025 of SMT. KAMLA DEVI Vs MEHBOOB KHAN on 8 October 2026
2026:CGHC:43802 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 245 of 2025 1 - Smt. Kamla Devi, W/o Late Pramod Kumar Rajput, Aged About 31 Years 2 - Minor Avi Rajput, S/o Prakash Rajput, Aged About 4 Years (Adopted Son) Through Adopting Mother Smt. Kamla Rajput, Aged About 31
CGHC010029532025
2026:CGHC:43802
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MAC No. 245 of 2025
1 - Smt. Kamla Devi, W/o Late Pramod Kumar Rajput, Aged About 31 Years 2 - Minor Avi Rajput, S/o Prakash Rajput, Aged About 4 Years (Adopted Son)
Through Adopting Mother Smt. Kamla Rajput, Aged About 31 Years, W/o Late Pramod Kumar Gupta, Present Address - Shanti Nagar, Rumgara, P.S. Balco Nagar, Tahsil And District Korba (C.G.)
... Appellants
versus
1 - Mehboob Khan S/o Safiq Khan Alias Husain Khan Aged About 34 Years R/o Village Bichhawra, Chhuri Tahsil Katghora, District Korba (C.G.) Driver Of Vehicle 2 - Mukesh Kumar, S/o Bhagwan Singh, R/o Plot No. 149, T.P. Nagar, Korba, P.S., Tahsil And District Korba (C.G.)----------- Owner Of Vehicle 3 - Branch Manager, Oriental Insurance Company Limited, Branch Office, P.S. Korba, Tehsil And Distrct Korba (C.G.)---- Insurance Company 4 - Santosh Kumar, S/o Late Ram Ratan Singh, Aged About 52 Years, R/o House No. 12, Tulsi Gali, Ward No. 44 Darri, Jamnipali, Tahsil Katghora, Disrict Korba (C.G.)
5 - Smt. Lalita Devi Rajbhar, W/o Shri Santosh Kumar, Aged About 48 Years, R/o House No. 12, Tulsi Gali, Ward No. 44 Darri, Jamnipali, Tahsil Katghora, Disrict Korba (C.G.)
... Respondent(s)
For Appellants
:
Mr. Vivek Mishra, Advocate
For Respondents
:
None
Hon'ble Shri Justice Sanjay Kumar Jaiswal, J.
Order on Board
( 09/10/2026
)
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1. Heard on I.A. No.01/2025, an application for condonation of delay.
2. The present appeal has been preferred by the appellants/claimants seeking enhancement of the compensation awarded by the learned Claims Tribunal.
3. For the reasons assigned therein, I am inclined to allow the same and delay of 268 days in preferring of this appeal is, hereby, condoned.
4. I.A. No.01/2025, thus, stands disposed of.
5. Heard on admission.
6. This is the claimants’ appeal for enhancement against the award dated 24/01/2024 passed by the learned First Additional Motor Accident Claims Tribunal, Korba, District- Korba (C.G.) in Motor Accident claim case No. 38/2020 whereby a compensation amount of Rs. 20,88,680/- has been awarded in favour of the claimants.
7. Learned counsel for the appellants submits that the learned Tribunal has awarded interest at the rate of 6% per annum on the total compensation amount, which is on the lower side. It is, therefore, prayed that the rate of interest be suitably enhanced to a reasonable rate, keeping in view the prevailing rate of interest and the settled principles of law, so as to ensure just and adequate compensation to the appellants.
8. I have heard learned counsel appearing for the appellants and perused the record of the Tribunal including award impugned.
9. Upon considering the submissions advanced by the learned counsel for the appellants and upon perusal of the materials available on record, this Court finds no sufficient ground to interfere with the impugned award on the issue of the rate of interest. The rate of interest awarded by the learned Tribunal does not warrant any interference by this Court.
10. Accordingly, the appeal of the appellants is hereby dismissed at the admission stage. Sd/- Sanjay Kumar Jaiswal Judge Prashant