1 MAC No. 441 of 2020 2026:CGHC:22221 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 441 of 2020 1. Laango Tana Bhagat S/o Late Bhade Tana Bhagat, Aged About 56 Years; 2. Smt. Sonamani Tana Bhagat W/o Laango Tana Bhagat, Aged About 51 Years; 3. Rahul Tana Bhagat S/o Laango Tana Bhagat, Aged About 23 Years; 4. Minor Roshan Tana Bhagat S/o Laango Tana Bhagat, Aged About 17 Years; 5. Minor Roshni Kumari D/o Laango Tana Bhagat, Aged About 15 Years; Appellant No. 4 And 5 Are Minor Through Next Friend Appellant No. 1 Namely Laango Tana Bhagat. All are R/o Village - Bramhandhih, Post- Ningni, District- Lohardaga, (Jharkhand). ... Appellants versus 1. Shiv Kumar Singh S/o Shri Ramnandhan Singh, Aged About 35 Years, Caste - Yadav, R/o Village And P.S.- Khursipaar Bhilai, District- Durg, Chhattisgarh, C/o R.R. Roadways, Kabir Nagar, Raipur, C.G., Pin- 410218 (Owner). 2. Chand Mohhamad S/o Nur Mohhamad, Aged About 32 Years, Occupation- Driver, R/o Pura Fagui, Fish Market, P.S.- Fish City, ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH 2 MAC No. 441 of 2020 District- Jounpur (UP) C/o R.R. Roadways, Kabir Nagar, Raipur District- Raipur, Chhattisgarh, Pin 410218 (Driver). 3. United India Insurance Company Limited, Local Branch/Divisional Office, Raigarh, Chattisgarh (Insurer). ... Respondents For Appellants :- Mr. Rishikant Mahobia, Advocate. For Respondent No.3 :- Abhishek Vinod Deshmukh, Advocate. SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 12.05.2026 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) has been preferred by the appellants/claimants, seeking enhancement in the amount of compensation, against the impugned award dated 20.11.2019 passed by the Motor Accident Claims Tribunal, Jashpur, Chhattisgarh (for short “Claims Tribunal”) in Claim Case No. 06/2019 whereby learned Claims Tribunal has allowed the claimants’ application and awarded a sum of ₹53,70,411/- as compensation along with interest for death of Rohit Tana Bhagat. 2. Mr. Rishikant Mahobia, learned counsel for the claimants, would submit that learned Claims Tribunal has erred in awarding less amount of compensation in the facts of the present case. He would also submit that under the heads of loss of estate and funeral expenses less amount has been awarded by the Claims Tribunal and under the head of consortium amount has not been awarded by the Claims Tribunal which is liable to be enhanced 3 MAC No. 441 of 2020 and awarded. Therefore, the appeal filed by the claimants be allowed and the compensation awarded by the Claims Tribunal may suitably be enhanced. 3. Mr. Abhishek Vinod Deshmukh, learned counsel for the Insurance Company/respondent No.3 herein, would submit oppose the prayer made by learned counsel for the claimants and submit that the amount of compensation awarded by the Claims Tribunal is just and proper which does not call for any interference. 4. I have heard learned counsel for the parties, considered their rival submissions made herein above and gone through the records meticulously. 5. Learned Claims Tribunal has awarded less amount under the heads of loss of estate and funeral expenses which is liable to be enhanced and also under the head of consortium no amount has been awarded by the Claims Tribunal which is liable to be awarded. As such, the compensation amount is liable to be enhanced. 6. Thus, in light of the aforesaid discussion and in light of the judgments of the Supreme Court rendered in the matters of National Insurance Company Ltd. V. Pranay Sethi 1, Sarla Verma & Ors. Vs. Delhi Transport Corporation & Ors2 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 4 MAC No. 441 of 2020 and Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram & Ors 3 , this Court is computing the compensation as below:- Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Income ₹33,604 x 12 = ₹4,03,248/- ₹33,604 x 12 = ₹4,03,248/- 2. Deduction % Income Tax ₹4,03,248 – 7,662 = ₹3,95,586/- ₹4,03,248 – 7,662 = ₹3,95,586/- 3. Future Prospect (+)50% = ₹1,97,793/-; total = ₹5,93,379/- (+)50% = ₹1,97,793/-; total = ₹5,93,379-/ 4. Deduction (-) ½ = ₹2,96,689.5/- (-) ½ = ₹2,96,689.5/- 5. Multiplier ₹2,96,989.5 x 18 = ₹53,40,411/- ₹2,96,989.5 x 18 = ₹53,40,411/- 6. Loss of Estate ₹15,000/- ₹16,500/- 7. Funeral Expenses ₹15,000/- ₹16,500/- 8. Consortium NIL ₹44,000 x 2 = ₹88,000/- Total ₹53,70,411/- ₹54,61,411/- 7. In view of the aforesaid analysis, the amount of compensation of ₹53,70,411/- awarded by the Claims Tribunal is enhanced to ₹54,61,411/-. Hence, after deducting the amount of ₹53,70,411/-, the appellants/claimants are held to be entitled to an additional amount of ₹91,000/-. The concerned respondent is directed to deposit the amount of compensation as enhanced by this Court within a period of 45 days from the date of receipt of copy of this order. The additional amount of compensation shall carry interest @6% per annum from the date of filing of claim 3 (2018) 18 SCC 130 5 MAC No. 441 of 2020 application before the Tribunal till its realization. Rest of the conditions of the impugned award shall remain intact. 8. Accordingly, this appeal is allowed in part and the impugned award is modified to the extent as indicated herein-above. Sd/- (Sanjay K. Agrawal) Judge Ankit