1 2025:CGHC:23494 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1030 of 2018 1 - Bhaiyaram Chandra S/o Mayaram Chandra, Aged About 52 Years R/o Village Dabhara P.S. And Tahsil Dabhara District Janjgir Champa Chhattisgarh. (Claimant), District : Janjgir-Champa, Chhattisgarh 2 - Smt. Anita Chandra W/o Bhaiyaram Chandra, Aged About 41 Years R/o Village Dabhara P.S. And Tahsil Dabhara District Janjgir Champa Chhattisgarh. (Claimant), District : Janjgir-Champa, Chhattisgarh 3 - Sunayna Chandra D/o Bhaiyaram Chandra, Aged About 24 Years R/o Village Dabhara P.S. And Tahsil Dabhara District Janjgir Champa Chhattisgarh. (Claimant), District : Janjgir-Champa, Chhattisgarh ... Appellants versus 1 - (Khushi Sidar Driver Dead) Through Legal Heir Smt. Deepa Sidar W/o Late Khushi Sidar R/o Bade Bhandar Post Office Bade Bhandar Tahsil Pusore District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh 2 - Liladhar Prasad Chandra S/o Shambudyal R/o Dabhara Tahsil Dabhara, District Janjgir Champa Chhattisgarh., District : Janjgir- Champa, Chhattisgarh 3 - The New India Insurance Company Limited, Through The Branch VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 Manager, Branch Office-2nd Floor Sunaliya Building Satgudi Chowk Raigarh, District Raigarh Chhattisgarh.........(Insurer), District : Raigarh, Chhattisgarh ---- Respondents For Appellants/Claimants : Mr. K.P.S. Gandhi, Advocate For Respondent No. 3 : Mr. Deepak Gupta, Advocate Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board (12.06.2025) 1. This appeal is by the claimants against the award 27.01.2018 passed by the 1st Additional Motor Accident Claims Tribunal, Sakti, District Janjgir-Champa, C.G. in Claim Case No.75/2016, awarding total compensation of Rs.10,60,207/- with interest @ 6% per annum from the date of application till realization while fastening liability on the non-applicant Nos. 1 to 3 jointly and severely. 2. As per averments made in the claim petition, on 15.04.2016, deceased- Deepak Chandra, aged about 21 years, earning Rs.8,000/- per month by working as Data Entry Operator, died in the motor vehicular accident caused due to rash and negligent driving of Scorpio bearing registration No.CG13-U-7000 (hereinafter called as ‘offending vehicle’) by its driver (non- applicant No.1). At the time of accident, the offending vehicle was 3 owned by non-applicant No.2 and insured with non-applicant No.3/Insurance Company. 3. On claim petition being filed by the claimants i.e. parents and sister of the deceased under Section 166 of the Motor Vehicles Act, the Tribunal considering the evidence led by both the parties passed an award as mentioned in para 1 of this judgment. 4. The only ground urged by the learned counsel for the appellant is that the compensation awarded by the learned Tribunal under the head of loss of consortium is on the lower side. It is submitted that in view of the dependency of the parents and sister of the deceased, and having regard to the principles laid down by the Hon’ble Supreme Court in National Insurance Company Ltd. v. Pranay Sethi, reported in (2017) 16 SCC 680, each of the claimants ought to have been awarded a sum of Rs. 40,000/- under the said head. It is further contended that the said amount is liable to be awarded with an enhancement of interest at the rate of 10% per annum in light of the prevailing standards and to ensure just compensation. 5. On the other hand, learned counsel for the respondent No.3/insurance company supports the impugned award and submits that the Tribunal, after considering all the relevant aspects of the matter, has rightly awarded compensation, which needs no interference by this Court. 4 6. I have heard learned counsel for the parties and perused the record. 7. In the matter of Pranay Sethi (supra), the Hon’ble Supreme Court fixed standard compensation under conventional heads, including Rs. 40,000/- for loss of consortium, with an observation that the said amount should be subject to an increase of 10% every three years. The judgment was further clarified in Magma General Insurance Co. Ltd. v. Nanu Ram alias Chuhru Ram, (2018) 18 SCC 130, wherein the Hon’ble Court held that consortium is not confined to the spouse alone but extends to parents and children as well. The principle of filial consortium entitles parents to compensation for the loss of a child, and similarly, siblings, where dependency and emotional loss are established, may be considered for consortium in appropriate cases. 8. In the instant case, the claimants are the parents and unmarried sister of the deceased, and considering the evidence regarding their dependency and relationship, this Court find it just and appropriate to award Rs. 40,000/- each to claimants under the head of loss of consortium. Further, considering the delay and in the interest of justice, the said amount shall carry enhanced interest at the rate of 10% per annum, meaning thereby, claimants (appellant Nos. 1 to 3) are entitled to get Rs.44,000/- each, totaling Rs.1,32,000/- under the head of loss of consortium in place of Rs.40,000/- as awarded by the Tribunal. 5 9. Since the Tribunal has already awarded Rs.40,000/- under this head and after deducting the same from the above amount i.e. Rs.1,32,000/-, the claimants/appellant Nos. 1 to 3 are held entitled for an additional compensation of Rs.92,000/-. However, rest of the conditions of the impugned award shall remain intact. The Insurance Company/respondent No.3 shall deposit the enhanced amount within a period of 60 days from the date of receipt of copy of this judgment. 10. In the result, the appeal is partly allowed with modification in the impugned award to the above extent. Sd/- (Amitendra Kishore Prasad) Judge Vishakha