(MAC No.347/2022) 2025:CGHC:48363 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 347 of 2022 1. Smt. Chandrika Kaiwart, W/o Late Kejau Kaiwart, Aged about 53 years. 2. Jaiypal Kumar Kaiwart, S/o Late Kejau Kaiwart, Aged about 22 years. Both are R/o Village Belmundi, Thana Sakari, District Bilaspur (C.G.) (Claimants) ... Appellants versus 1. Ravi Kumar Yadav, S/o Ramdayal Yadav, Aged about 25 years, R/o Village Shahargarh, Ward No. 05, Vahauhari, Thana Van Sagar, District Shahdol (M.P.) (Driver of the offending vehicle Capsule No. CG-04/LK-9027). (Driver) 2. Lokesh Sharma, S/o B.P. Sharma, Aged about 45 years, R/o Golden Home No.1, Near V.I.P. Club, Shankar Nagar, Raipur, District Raipur (C.G.) (Owner of the offending vehicle Capsule No. CG-04/LK-9027) (Owner) 3. Branch Manager, I.C.I.C. Lombard, General Insurance Company Limited, Branch Office V.R. Plaza, Second Floor, Office No. 05, Link Road, Bilaspur, Thana Civil Line, District Bilaspur (C.G.) (Insurer of the offending Motor Vehicle No.CG-04/LK-9027). Insurance Policy No.3003/154148594/00/000 (Insurance Period dated 29.08.2018 up to 28.08.2019) (Insurer) ... Respondents For Appellants : Mr. Arjun Lal Singroul, Advocate. For Respondent No.2 : Mr. C.K. Sahu, Advocate. For Respondent No.3 : Mr. Suraj Patel, Advocate on behalf of Mr. Shekhar Amin, Advocate. SISTA SOMAYAJULU Digitally signed by SISTA SOMAYAJULU Date: 2025.09.22 18:43:16 +0530 (MAC No.347/2022) Single Bench:- Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 19/09/2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, ‘the Act of 1988’) has been preferred by the appellants herein/ claimants seeking enhancement in the amount of compensation, challenging the impugned award dated 27-11-2021 passed by the 2nd Additional Motor Accident Claims Tribunal, Bilaspur in Claim Case No.262/2019, whereby the learned Claims Tribunal has awarded a total sum of ₹ 13,64,400/- as compensation for the death of Kejau Kaiwart, who worked as Constable and retired person, aged about 62 years at the time of incident. The appellants herein/claimants are wife and son, respectively, of deceased Kejau Kaiwart. 2. Mr. Arjun Lal Singroul, learned counsel appearing on behalf of the appellants herein/claimants, would submit that in other heads like funeral expenses, loss of estate, loss of spousal consortium and loss of filial consortium, 20% has to be enhanced to the amounts awarded by the learned Claims Tribunal in light of the decisions of the Supreme Court in the matters of National Insurance Company Ltd. v. Pranay Sethi1, Sarla Verma & Ors. v. Delhi Transport Corporation & Ors2 and Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram & Ors 3. 3. Mr. C.K. Sahu, learned counsel appearing on behalf of respondent No.2 herein/owner of the vehicle, and Mr. Suraj Patel, learned 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 (MAC No.347/2022) counsel appearing on behalf of respondent No.3 herein/insurer of the vehicle, would support the impugned award and oppose the appeal. 4. I have heard learned counsel for the parties and considered their rival submissions made herein-above and also gone through the record with utmost circumspection. 5. In view of the aforesaid decisions of the Supreme Court, the amount of compensation awarded by the learned Claims Tribunal under other heads i.e. funeral expenses, loss of estate, loss of spousal consortium and loss of filial consortium, total amounting to ₹ 1,10,000/- is hereby enhanced to 20% i.e. ₹ 22,000/-, thereby the appellants are held entitled for an additional amount of ₹ 22,000/-. 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 a copy of this order and the direction of pay and recover would also apoply to the enhanced amount. The additional amount of compensation shall carry interest @ 9% per annum from the date of filing of claim application before the Tribunal i.e. 26-2-2019 till its realisation. Rest of the conditions of the impugned award shall remain intact. 6. 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 Soma