1 2025:CGHC:49044 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 920 of 2023 1 - Ishvri Bai W/o. Late Radheshyam Biyar Aged About 32 Years R/o Back Side Of Kali Temple Tifra, P.S. Sirgitti, Tahsil And District Bilaspur Chhattisgarh. 2 - Vikram Biyar S/o. Late Radheshyam Biyar, Aged About 6 Years Minor Through Natural Guardian Mother Ishvari Bai R/o Back Side Of Kali Temple Tifra, P.S. Sirgitti, Tahsil And District Bilaspur Chhattisgarh. 3 - Ku. Jyoti Biyar D/o. Late Radheshyam Biyar, Aged About 2 Years Minor Through Natural Guardian Mother Ishvari Bai R/o Back Side Of Kali Temple Tifra, P.S. Sirgitti, Tahsil And District Bilaspur Chhattisgarh. 4 - Kunvariya Bai W/o Late Ramayan Biyar, Aged About 57 Years R/o Back Side Of Kali Temple Tifra, P.S. Sirgitti, Tahsil And District Bilaspur Chhattisgarh. ... Appellants/Claimants versus 1 - Pandurang Narayan Golhare S/o. Narayan Golhare, Aged About 65 Years R/o. Plat No. 16/1-A Nandanvan, Rign Road, Shiv Temple, Nandanvan Lay Out, Kirtinagar, Hanuman Nagar, (Maharastara) (Driver Of The Vehicle Scoda Car No. M.H. 03 A.N. 6999) HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2025.09.25 15:50:18 +0530 2 2 - Sachin Golhare S/o. Pandurang Golhare Aged About 30 Years R/o Plat No. 16/1-A Nandanvan, Ring Road Shiv Temple, Nandanvan Lay Out, Kirtinagar, Hanuman Nagar (Maharastra) (Owner Of The Vehicle Scoda Car No. M.H. 03 A.N. 6999) 3 - United India Insurance Company Limited, Through Branch Manager, Branch Office, L.I.C. Building, Magar Para Road, Bilaspur Tahsil And District Bilaspur Chhattisgarh. (Insurance Company Of The Vehicle Scoda Car No. M.H. 03 A.N. 6999) ... Respondent(s) For Appellants : Ms. Priyanka Parshle on behalf of Mr. Utkal Pradhan, Advocates For Respondent No. 3 : Mr. Dashrath Gupta, Advocate SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 24.09.2025 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 of amount of compensation, challenging the impugned award dated 07/02/2023 passed by learned 8th Additional Motor Accident Claims Tribunal, Bilaspur (C.G.) in Claim Case No. 678/2021, whereby learned Claims Tribunal has awarded a total sum of Rs. 21,09,232/- as compensation to 3 the appellants/claimants for the death of Radheshyam Biyar, aged about 30 years, who worked as a labour. 2. Learned counsel for the appellants/claimants would make a solitary submission that the amount awarded under loss of consortium, loss of estate and funeral expenses has to be increased by 10% as per the decision rendered by the Supreme Court in the matter of National Insurance Company Ltd. V. Pranay Sethi1, therefore, the impugned award may be suitably enhanced. 3. Learned counsel for respondent No. 3 does not object to the submission made by learned counsel for the appellants/claimants. 4. I have heard learned counsel for the parties, considered their submissions made herein-above and went through the records with utmost circumspection. 5. Considering the submissions made by learned counsel for the parties in light of the decision of the Supreme Court in the matter of Pranay Sethi (supra), the amount awarded by the Claims Tribunal under loss of consortium, loss of estate and funeral expenses is enhanced by 10% and an additional sum of Rs. 19,000/- is awarded to the appellants/claimants, making the total compensation as Rs. 21,38,232/. Respondent No. 3 is directed to deposit 1 (2017) 16 SCC 680 4 the additional amount within 30 days from the date of receipt of a copy of this order. The additional amount of compensation shall carry interest @ 9% per annum from the date of filing of claim application before the Tribunal i.e. 03/03/2021 till its realization. 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 Harneet