1 2025:CGHC:47844 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 456 of 2021 1 - Dhansai Divyakar S/o Douwaram Divyakar Aged About 57 Years R/o Village Kouwatal, Police Station Gidhouri, District Baloda Bazar-Bhatapara (Chhattisgarh) 2 - Roshan Lal Divyakar S/o Dhansai Divyakar Aged About 33 Years R/o Village Kouwatal, Police Station Gidhouri, District Baloda Bazar-Bhatapara (Chhattisgarh) 3 - Durgesh Kumar Divyakar S/o Dhansai Divyakar Aged About 31 Years R/o Village Kouwatal, Police Station Gidhouri, District Baloda Bazar-Bhatapara (Chhattisgarh) 4 - Sushant Kumar Divykar S/o Dhansai Divyakar Aged About 29 Years R/o Village Kouwatal, Police Station Gidhouri, District Baloda Bazar-Bhatapara (Chhattisgarh) ... Petitioner(s) versus 1 - Nishan Singh S/o Satnam Singh Siddhu Aged About 39 Years R/o Housing Board, House No. 27, Near Scc Cement Factory, Jamul, Police Station Jamul, District Durg (Chhattisgarh) (Driver Of Alleged Offending Vehicle Truck Bearing Registration No. C.G. 07-Za-5587), District : Durg, Chhattisgarh 2 - Ram Singh S/o Mihan Singh Aged About 50 Years R/o House No. 25, Ward No. 36, New Khursipar Bhilai, Tahsil And District Durg (Chhattisgarh) (Owner Of Alleged Offending Vehicle Truck Bearing Registration No. C.G. 07-Za-5587) 3 - The National Insurance Company Limited Branch Office, Branch No. 1, Bhutani Complex Ge Road, Power House Bhilai, District Durg (Chhattisgarh) (Insurer Of Alleged Offending Vehicle Truck Bearing Registration No. C.G. 07-Za-5587) ... Respondent(s) NIRMALA RAO 2 For Appellants : Shri S.P. Sahu, Advocate. For Respondent No.3 : Shri Q. Aziz, Advocate. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 17.09.2025 1. The appellants have filed this appeal under Section 173 of the Motor Vehicles Act seeking enhancement of compensation against the award dated 13.7.2021, passed in Claim Case No.134 of 2019 by the learned Motor Accident Claims Tribunal, District Baloda Bazar -Bhatapara, wherein the learned Tribunal passed an award to the tune of Rs.81,28,613/- alongwith interest @ 6% per annum on account of death of Neera Bai. 2. Learned counsel for the appellants would submit that Neera Bai met with an accident on 29.7.2019 as she was dashed by a motorcycle bearing registration No.C.G. 04 MK 3676, which was being driven rashly and negligently and consequently, she died on account of grievous injuries sustained by her during the course of treatment on 1.8.2019. He would submit that the learned Tribunal has not passed an award for loss of consortium to the children of deceased/ appellants No.2 to 4. He would submit that the compensation may be enhanced accordingly. 3. On the other hand, learned counsel for respondent No.3 would oppose. He would submit that the learned Tribunal has awarded just and proper compensation and the appeal deserves to be dismissed. 4. I have heard learned counsel for the parties and perused the documents present on record. 3 5. A perusal of the award would show that though there are four claimants but the learned Tribunal has awarded an amount of Rs.40,000/- for loss of consortium to the husband of the deceased only and no compensation was awarded on this head to the other claimants i.e. the children of the deceased. 6. Considering the above-stated facts, the compensation is being revisited herein-below: Sr. No. Heads Compensation awarded by Tribunal Compensation awarded by this Court 1. Income Rs. 51,595 x 12 = Rs. 6,18,590/- (after deduction of Rs.550/- for income tax) Rs. 51,595 x 12 = Rs. 6,18,590/- (after deduction of Rs.550/- for income tax) 2. Future Prospect 1,87,577/- (6,18,590 + 1,87,577 = 8,04,167/-) 1,87,577/- (6,18,590 + 1,87,577 = 8,04,167/-) 3. Deduction (-) 1/4 Rs. 2,01,041/- = Rs. (8,04,167–2,01,041 = Rs.6,03,126/-) (-) 1/4 Rs. 2,01,041/- = Rs. (8,04,167–2,01,041 = Rs.6,03,126/-) 4. Multiplier (x) 18 = Rs. 78,40,638/- (x)13 = Rs. 78,40,638/- 5. Loss of Estate Rs. 15,000/- Rs. 18,000/- 6. Funeral expenses Rs. 15,000/- Rs. 18,000/- 7. Loss of Consortium (for appellant No. 1) Rs. 40,000/- Rs. 48,000/- 8. Loss of consortium(for appellants No. 2 to 4) - - Rs. 1,44,000/- 9. Medical Expenses Rs.2,17,975/- Rs.2,17,975/- TOTAL Rs. 81,28,613/- Rs. 82,86,613/- 7. In view of the aforesaid analysis, the amount of compensation of Rs.81,28,613/- awarded by the Claims Tribunal is enhanced to Rs.82,86,613/-. Hence, after deducting the amount of Rs.81,28,613/-, 4 the appellants/claimants are entitled for an additional amount of Rs.1,58,000/-. The concerned respondent is directed to deposit the amount of compensation as enhanced by this Court within a period of 3 months 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 application before the Tribunal till its realization. Rest of the conditions of the impugned award shall remain intact. 8. Accordingly, this appeal is partly allowed and the impugned award is modified to the extent as indicated herein-above. Sd/- (Rakesh Mohan Pandey) Judge Nimmi