-1- NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1890 of 2019 1 - Kartik Verma S/o Mantram Verma Aged About 45 Years R/o Village Amora, Post Bijabhat, Police Station, Tahsil And District Bemetara Chhattisgarh, District : Bemetara, Chhattisgarh 2 - Smt. Shakun Bai W/o Kartik Verma Aged About 43 Years R/o Village Amora, Post Bijabhat, Police Station, Tahsil And District Bemetara Chhattisgarh, District : Bemetara, Chhattisgarh ... Appellants versus 1 - Vijay Sainy S/o Ramsingh Sainy Aged About 35 Years Occupation Driver, R/o Shamgarh, Police Station Tarvadi District Karnal (Hariyana).........Driver, District : Karnal, Haryana 2 - Santram S/o Jilesingh Sainy Aged About 32 Years R/o Shamgarh, Police Station Tarvadi, District Karnal Hariyana .........Owner, District : Karnal, Haryana 3 - The Branch Manager Iffco Tokiyo General Insurance Company Ltd. Ring Road No. 1, M. M. Plaja, 2nd Flour, Udhog, Bhawan, Raipur Chhattisgarh..........Insurance Company, District : Raipur, Chhattisgarh ... Respondents For the appellants/Claimants :Mr. Amit Kumar Sahu, Advocate For respondent No.3/Insurance Company :Mr. Pravesh Sahu, Advocate holding the brief of Mr. P.R. Patankar, Advocate For other respondents : None appears Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 19.09.2025 1) Heard. 2) The appellants/claimants have filed this appeal under Section 173 of the Motor Vehicles Act for enhancement of compensation against an award passed by the -2- learned Motor Accident Claims Tribunal, Bemetara (C.G.) in Claim Case No.32/2019, dated 17.09.2019, whereby, learned Tribunal passed an award to the tune of Rs.9,29,000 with interest @ 9% per annum. 3) Mr. Sahu, learned counsel appearing for the appellants/claimants would submit that the deceased Rajaram was going to Village Pikari from Village Amora on his motorcycle on 08.11.2018 and when he reached near Durga Mandir, Raipur road, the offending vehicle bearing registration No.H.R.05/AR/8966 dashed his motorbike. Consequently, he sustained grievous injuries and he was taken to hospital and during course of treatment, he died. He would submit that at the time of accident, age of the deceased was 20 years and he was working as Mason, thus, the claimants claimed compensation to the tune of Rs.23,00,000/-. He would further submit that the appellants are parents of the deceased. He would contend that the learned Tribunal has not passed award for future prospect and loss of consortium. He would further contend that the amount of loss of consortium, loss of estate and funeral expenses require additional sum of 10% according to the law laid down by the Hon’ble Supreme Court in the matter of National Insurance Co. Ltd. Vs. Pranay Sethi, reported in 2017 (16) SCC 680. He would pray to enhance the compensation. 4) On the other hand, Mr. Pravesh Sahu, the learned counsel appearing for the Insurance Company would oppose the submissions made by Mr. Amit Kumar Sahu. He would submit that the learned Tribunal has passed just and proper award. He would contend that the appeal deserves to be dismissed. 5) I have heard the learned counsel appearing for the parties and perused the record. 6) A perusal of the award would show that though the age of the deceased was 20 -3- years but the learned Tribunal has not passed award in favour of the claimants for future prospect. According to the law laid down by the Hon’ble Supreme Court in the matter of Pranay Sethi (supra), appropriate figure would be 40% on this head. 7) Further, learned Tribunal has not awarded compensation for loss of consortium. The figure of loss of estate and funeral expenses would include and additional sum of 10% according to the proposition of law laid down in the matter of Pranay Sethi (supra). 8) Accordingly, the compensation is being revisited herein below : Sr.No. Heads Compensation awarded by Tribunal Compensation awarded by this Court 1. Income Rs.8,000 x12= Rs. 96,000/- Rs.8000 x 12 = Rs. 96000/- 2. Future Prospect None 40% 96000 + 38400=1,34,400/- 3. Deduction 50% = Rs.48,000/- 50% = Rs.67200/- 4. Multiplier (x) 18 = Rs. 8,64,000/- (x)18 =Rs.12,09,600/- 5. Dependency Rs.8,64,000/- Rs.12,09,600/- 6. Loss of Consortium None Rs.44000 x 2 = 88,000/- 7. Loss of estate Rs.15,000/- Rs.16,500/- 8. Funeral expenses Rs.15000/- Rs.16,500/- 9. Medical bills Rs.35,000/- Rs.35,000/- 9. Total Rs.9,29,000/- Rs. 13,65,600/- Amount to be enhanced Rs.4,36,600/- -4- enhanced 9) Accordingly, the amount of compensation of Rs.9,29,000/- awarded by the Claims Tribunal is enhanced to Rs.13,65,600/-. Hence, after deducting the amount of Rs.9,29,000/-, the appellants/claimants are entitled for an additional amount of Rs.4,36,600/-. The additional amount of compensation shall carry interest @ 9% per annum from the date of filing of claim application before the Tribunal till its realization. 10) Accordingly, the appeal is hereby partly allowed and the impugned award is modified to the extent as indicated herein-above. Sd/- (Rakesh Mohan Pandey) Judge Rekha