1 2025:CGHC:46007 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 833 of 2021 1 - Smt. Niranjana Netam W/o Late Kunber Singh Netam Aged About 27 Years R/o - Khaspara, Barkachhar, Ward No. 11, Tahsil - Charama, District - Uttar Bastar Kanker Chhattisgarh. 2 - Ku. Yukti Rani Netam D/o Late Kuber Singh Netam Aged About 6 Years R/o - Khaspara, Barkachhar, Ward No.11, Tahsil - Charama, District - Uttar Bastar Kanker (C.G.). 3 - Smt. Maharin Bai Netam W/o Mahara Ram Netam Aged About 61 Years R/o - Khaspara, Barkachhar, Ward No.11, Tahsil - Charama, District - Uttar Bastar Kanker (C.G.). ... Appellants versus 1 - Anil Sahu S/o Narottam Sahu Aged About 20 Years R/o - Banrasi, Police Station - Arang, District - Raipur Chhattisgarh. 2 - Haricharan Singh Sahani S/o Sardar Raghuveer Singh Sahani Aged About 69 Years R/o - Gurunanak Nagar, Raipur, Police Station - Telibandha, District - Raipur Chhattisgarh. 3 - The Oriented Insurance Company Limited Through Branch Manager, Branch Office, Raipur, District - Raipur Chhattisgarh. ... Respondents For Appellants : Ms. Pooja Yadav, Advocate holding brief of Mr. Shivendu Pandya, Advocate For Res. Nos. 1 & 2 : None though served For Respondent No.3 : Mr. Bennoon, learned Counsel holding brief of Mr. R. N. Pusty, Advocate 2 Hon'ble Shri Justice Sachin Singh Rajput Order On Board 09/09/2025 1. This is claimants’ appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, 'MV Act, 1988') for enhancement of compensation awarded by learned Motor Accident Claim Tribunal, Uttar Bastar Kanker, District- Uttar Bastar knker (C.G.) (for short ‘the Tribunal’) in Motor Accident Claims Case No. 77 of 2019 vide award dated 28th of June, 2021. 2. The appellants/claimants, who are unfortunate wife, mother & minor daughter of deceased – Kuber Singh Netam, had filed an application under Section 166 of the MV Act claiming Rs. 58,81,896/-, against which, the learned Tribunal has awarded Rs. 4896320/- in favour of the appellants/claimants as compensation on account of death of Kuber Singh Netam in an unfortunate road accident that occurred on 16.09.2018 by rash and negligent driving of the offending vehicle (truck) bearing registration No. CG04E7209 by its driver/ respondent No.1 the said vehicle is owned by respondent by respondent No. 2 and insured with respondent No. 3/ Insurance Company. 3. The Respondents No. 1 & 2/driver and owner of the offending vehicle resisted the claim application on various grounds whereas Respondent No. 3 / insurance company took a plea that there is a violation of terms and conditions of the insurance policy, therefore, the insurance company is not liable to pay compensation. 4. On the basis of above broad pleadings, learned Tribunal framed issues, decided those issues in favour of the appellants / claimants and 3 awarded afore-stated compensation in favour of the claimants, fastening liability of payment of compensation upon respondent No. 3 / Insurance Company. 5. Learned counsel for the appellants submits that the award in all respect is just and proper, however, learned Claims Tribunal failed to award filial and parental consortium to the parent and daughter in light of the judgment passed by the Hon’ble Supreme Court in case of Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram and ors., (2018) 18 SCC 130, 6. Per contra, learned counsel for respondent No. 3/Insurance Company while supporting the impugned award would submit that the Claims Tribunal awarded just & proper compensation to the claimants, which does not call for any interference by this Court. 7. I have heard learned counsel for the parties, considered their rival submissions and perused the records. 8. Appellant No. 2 is the minor daughter of the deceased and appellant No. 3 is the mother of the deceased. Therefore, considering the submission made by learned counsel for the appellant and the law laid down by Hon’ble Supreme Court in the matter of Magma General Insurance Co. Ltd ( Supra), this Court would deem it fit to award filial and parent consortium of Rs. 40,000/-each to appellant No. 2 and 3. 9. For the foregoing reasons, the appeal is allowed in part. The appellant No. 2 and appellant No. 3 are entitled for a further sum of 40,000/- each/- i.e. Rs. 80,000/- over and above of Rs. 48,96,320/- awarded by the Tribunal. The above enhanced amount of compensation of Rs.80,000/- shall carry interest @ 6 percent per annum from the date 4 of filing of appeal i.e. 14.12.2021 till its actual payment. Rest of the conditions mentioned in the award shall remain intact. The award stands modified to the above extent. 10.The respondent No. 3/ Insurance Company Limited is granted 60 days' time to deposit enhanced amount of compensation of Rs. 80,000/- along with interest @ 6.5%pa before the concerned Tribunal. After depositing the enhanced amount of compensation by respondent No.3/insurance company, learned Claims Tribunal shall pass appropriate order for apportionment, investment and disbursement. Sd/- (Sachin Singh Rajput ) Judge Ami AMITA DUBEY Digitally signed by AMITA DUBEY Date: 2025.09.26 15:37:50 +0530