1 2025:CGHC:19865 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1197 of 2020 1 - Pratima Samanta Wd/o Late Sunirmal Samanta Aged About 43 Years R/o E. W. S.-27, Sada Colony, Jamnipali, Patel Nagar, Korba, Police Station Darri, Tahsil Katghora, District Korba Chhattisgarh 2 - Kumari Suneepa Samanta D/o Late Sunirmal Samanta Aged About 20 Years R/o E. W. S.-27, Sada Colony, Jamnipali, Patel Nagar, Korba, Police Station Darri, Tahsil Katghora, District Korba Chhattisgarh 3 - Minor Sarag Samanta S/o Late Sunirmal Samanta Aged About 14 Years Through Mother (Amicus Curie) Pratima Samanta, R/o E. W. S.-27, Sada Colony, Jamnipali, Patel Nagar, Korba, Police Station Darri, Tahsil Katghora, District Korba Chhattisgarh 4 - Kamla Samanta W/o Atul Samanta Aged About 76 Years R/o E. W. S.-27, Sada Colony, Jamnipali, Patel Nagar, Korba, Police Station Darri, Tahsil Katghora, District Korba Chhattisgarh ... Appellants Versus 1 - Suraj Kumar Shriwas S/o Paras Ram Shirwas Aged About 29 Years R/o Village Boida, Police Station Boida, Tahsil Pali, District Korba Chhattisgarh .........(Driver Of The Vehicle) 2 - Smt. Uttara Shriwas W/o Parasram Shriwas R/o House No. 34, Mul Basti Chowk Village Boida, Police Station Boida, Tahsil Pali, District Korba Chhattisgarh ......... (Owner Of The Vehicle) 3 - Divisional Office Manager The Oriental Insurance Company Limited, Commercial Complex, T. P. Nagar, Korba District Korba Chhattisgarh .........(Insurer Of The Vehicle) SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 ... Non-Appellants For Appellants : Mr. Anand Kesharwani, Advocate For Respondent No. 1 : Mr. T.R. Patel, Advocate For Respondent No. 3 : Mr. Raj Awasthi, Advocate S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Order On Board 01/05/2025 1. There is no representation on behalf of the Respondent No. 2, though served with notice. 2. This appeal is filed by the appellant seeking enhancement of the amount of compensation awarded by the learned Claims Tribunal in its award dated 14.01.2020 passed by the IInd Upper Motor Accident Claims Tribunal, Katghora, District – Korba (C.G.) in Claim Case No. 135/2018. 3. Facts of the case in brief are that, on 21.08.2018 in between 03:00- 04:00 P.M., Sunirmal Samanta along with his friend Tejpratap was going towards Korba from Village Seepat on his motorcycle, when he reached near village Utarda, P.S. Kusmunda, the offending vehicle (Scorpio) bearing Registration No. CG 12 AU 1440 which was being driven by the Respondent No. 1 in a rash and negligent manner, dashed the motorcycle of Sunirmal Samanta due to which, he succumbed to his injuries during the course of treatment at New Korba Hospital, Korba. Subsequent to the said accident, an FIR was lodged against the Respondent No. 1 bearing Crime No. 327/2018 at P.S. Kusmunda, District – Korba for the alleged offence punishable under Sections 279, 337, 338, 304A of the Indian Penal Code, 1860. 4. Learned counsel for appellant submits that he has filed this appeal seeking enhancement of the amount of compensation only on one ground that the learned Claims Tribunal erred in not awarding the 3 appropriate amount of compensation under the head of loss of consortium, but have awarded the amount of Rs. 40,000/- only towards the loss of spousal consortium. He submits that award of loss of consortium is well settled by the Hon’ble Supreme Court in the case of National Insurance Company Ltd. vs. Pranay Sethi, reported in (2017) 16 SCC 680 and Magma General Insurance Co. Ltd. vs. Nanu Ram @ Chuharu Ram, reported in (2018) 8 SCC. The Appellants No. 2 to 5 being children and mother of the deceased are also entitled for the amount of compensation under the head of loss of parental consortium and filial consortium. 5. On the other hand, learned counsel for the respective respondents would oppose the submission made by the counsel for the appellant and submit that the amount of compensation awarded by the learned Claims Tribunal is just and proper and does not call for any interference. 6. I have heard learned counsel for the parties and perused the record of the appeal and the impugned award. 7. The only ground raised by the counsel for the appellant is with regard to not awarding sufficiently the amount of compensation under the head of loss of consortium to the Appellants No. 2 to 4. 8. Perusal of the impugned award would show that the learned Claims Tribunal has awarded Rs. 40,000/- towards loss of spousal consortium to the Appellant No. 1 (widow of the deceased). The Appellant No. 2 & 3 are the children of the deceased and Appellant No. 4 is mother of the deceased. Award of compensation under the head of loss of consortium is considered by the Hon’ble Supreme Court in the case of Pranay Sethi (Supra) and further, the types of loss of consortium is 4 explained by the Hon’ble Supreme Court in the case of Nanu Ram (Supra). 9. Hon’ble Supreme Court in the case of Nanu Ram (Supra) has held that the children are also entitled for the loss of consortium under the head of loss of parental consortium and the parents are also entitled for loss of consortium under the head of loss of filial consortium. 10. Considering the aforementioned facts of the case and the decisions of the Hon’ble Supreme Court, it is held that the Appellants No. 2 to 4 are also entitled for loss of parental consortium and filial consortium of Rs. 40,000/- each respectively. Now, the appellants/claimants are entitled for a total sum of compensation of Rs. 38,55,170/- (37,35,170 + 1,20,000 towards the loss of consortium as awarded by this Court to the Appellants No. 2 to 4). The enhanced amount of compensation shall carry interest @ 7.5% from the date of filing of claim application till its realization. Rest of the conditions mentioned in the impugned award shall remain intact. 11. Any amount already paid to Claimants/Appellants as compensation shall be adjusted from the total amount of compensation as calculated above. 12. In the result, appeal is allowed in part and the impugned award stands modified to the extent indicated above. 13. Certified copy as per rules. Sd/--/--------/--/- (Parth Prateem Sahu) Judge Dey