1 2025:CGHC:46959 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1884 of 2019 1 - Sunil Tirkey S/o Ignesh Tirkey Aged About 25 Years R/o Bhagalpur, Jashpurnagar, District Jashpur, Chhattisgarh., District : Jashpur, Chhattisgarh 2 - Ignesh Tirkey S/o Late Kandru Tirkey Aged About 61 Years R/o Village Mayali Post, Devbora, Tahsil Kunkuri, District Jashpur, Chhattisgarh., District : Jashpur, Chhattisgarh 3 - Smt. Shanti Tirkey W/o Ignesh Tirkey Aged About 53 Years R/o Village Mayali, Post Devbora, Tahsil Kunkuri, District Jashpur, Chhattisgarh., District : Jashpur, Chhattisgarh ... Appellant(s) versus 1 - Nizam Tajuddin Shekh S/o Tajuddin Hanib Shekh R/o House No. 42/b, Sundarnagar, Raipur, Chhattisgarh, Communication Address - A/p Gade Wasti Near Nevaskar, Pump Wagholital Haveli District - Pune City, Maharashtra, India 411001. 2 - Jitendar Singh S/o Devnarayan Singh Occupation Driver, R/o Village Mahawatoli, Tahsil Kunkuri, District Jashpur, Chhattisgarh., District : Jashpur, Chhattisgarh 3 - Reliance General Insurance Company Limited Local Branch Office -Shop No. 412-413, 4th Floor, Ravi Bhawan, Jai Stambh Chowk, Raipur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ... Respondent(s) For Appellants : Mr. Divyanand Patel, Advocate For Respondent No. 3 : Ms. Harneet Kaur, Advocate Hon’ble Shri Justice Sachin Singh Rajput Order on Board 12/09/2025 This appeal has been filed against the award dated 30.08.2019 passed in Motor Accident Claim Case No. 66/2018 by the Motor Accident Claims Tribunal, Jashpur, District Jashpur, CG. By the impugned award, 2 the learned Tribunal has awarded compensation of Rs. 13,15,200/- in favour of the appellants/claimants while partly allowing an under Section 166 of MV Act on account of death of Dilip Tirkey in an accident that occurred on 09.09.2017 by rash and negligent driving of the offending vehicle CG 04 LL 6954 driven by respondent No. 2 / driver, owned by respondent No. 1 / owner and insured with the respondent No. 3 / insurance company. 2. Learned counsel for the appellants/claimants submits that the award passed by the learned Tribunal is just in all respect however, the appellant Nos. 2 & 3 being parents of the deceased have not been awarded filial consortium in light of judgment of Hon’ble Supreme Court Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram & Ors; (2018) 18 SCC 130, therefore, the award may be modified to that extend. 3. Learned counsel for the respondent No. 3 supports the impugned award and submits that just compensation has been awarded. 4. Be that as it may, from the perusal of award it appears that no filial consortium was awarded to appellant Nos. 2 & 3, therefore, this Court award the filial consortium of Rs. 40,000/- each total Rs. 80,000/- to the appellant Nos. 2 & 3 to be deposited by the respondent No. 3 / insurance company within a period of 60 days. On deposit learned Tribunal shall pass appropriate order with regard to disbursement of the enhanced amount of compensation. 5. The appeal is allowed in part. Sd/- (Sachin Singh Rajput) JUDGE Pawan