(MAC No.1449/2022) 2025:CGHC:48318 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1449 of 2022 1. Smt. Priyanka Dhirhe, W/o late Prahalad Dhirhe, Aged about 32 years 2. Minor Mayank Dhirhe, S/o Late Prahalad Dhirhe, Aged about 12 years 3. Minor Muskan Dhirhe, D/o Late Prahalad Dhirhe, Aged about 11 years 4. Minor Manish Dhirhe, S/o Late Prahalad Dhirhe, Aged about 7 years, through appellant No.1 (mother) on behalf of minor appellant No.2 to 4. 5. Mahesh Dhirhe, S/o Late Banshi Lal Dhirhe, Aged about 59 years. 6. Smt. Padmavati Dhirhe, W/o Shri Mahesh Dhirhe, Aged about 55 years. All above are R/o Village Anda, Post Kirari, Police Station Malkharoda, District Janjgir-Champa, Hal Mukam- House of J.P. Anant, Village Patadhi, Police Station Urga, District Korba, Chhattisgarh (Claimants) ... Appellants versus 1. Rajendra Anant, S/o Anirudh Anant, Address 11th Vehicle, C.G.B. Purpura, Janjgir-Champa, District Janjgir-Champa (Driver of the Vehicle bearing registration No.CG-03-4142) 2. Director General of Police, Chhattisgarh Police, Police Headquarter Naya Raipur, District Raipur, Chhattisgarh ... Respondents For Appellants : Mr. Shubham Dev Mallick, Advocate. For Respondent No.2/State : Mr. R.S. Marhas, Additional Advocate General. SISTA SOMAYAJULU Digitally signed by SISTA SOMAYAJULU Date: 2025.09.22 11:58:38 +0530 (MAC No.1449/2022) Single Bench:- Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 19/09/2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, ‘the Act of 1988’) has been preferred by the appellants herein/ claimants seeking enhancement in the amount of compensation, challenging the impugned award dated 7-5-2022 passed by the 1st Additional Motor Accident Claims Tribunal, Korba in Motor Accident Claim Case No.126/2019, whereby the learned Claims Tribunal has awarded a total sum of ₹ 20,93,000/- as compensation for the death of Prahalad Dhirhe, Driver, aged about 35 years at the time of incident. The appellants herein/claimants are wife, children and parents, respectively, of deceased Prahalad Dhirhe. 2. The enhancement of compensation has been sought to the extent that claimants No.2 to 6/appellants No.2 to 6 herein have not been granted filial consortium and parental consortium which they are entitled. 3. Mr. Shubham Dev Mallick, learned counsel appearing on behalf of the appellants herein/claimants, would submit that the Claims Tribunal has not awarded any amount to claimants No.2 to 6 who are children and parents of the deceased under the head of filial consortium and parental consortium and thereby committed an illegality which requires to be rectified and proper amount of compensation has to be awarded to them under those heads. Page 3 of 4 (MAC No.1449/2022) 4. Mr. R.S. Marhas, learned Additional Advocate General appearing on behalf of the State of Chhattisgarh/respondent No.2, would support the impugned award and submit that just and proper compensation has been awarded by the learned Claims Tribunal to the claimants. 5. I have heard learned counsel for the parties and considered their rival submissions made herein-above and also gone through the record with utmost circumspection. 6. Having heard learned counsel for the parties and on going through the record, I am of the considered opinion that the Claims Tribunal has erred in not granting consortium to claimants No.2 to 6. Accordingly, claimants No.2 to 4/appellants No.2 to 4 herein, who are children of deceased Prahalad Dhirhe, are hereby granted filial consortium of ₹ 44,000/- each and claimants No.5 & 6/appellants No.5 & 6 herein, who are parents of deceased Prahalad Dhirhe, are hereby granted parental consortium of ₹ 44,000/- each, thereby in addition to the amount of compensation awarded by the Claims Tribunal, an additional sum of ₹ 2,20,000/- is awarded to claimants No.2 to 6 along with interest @ 6% per annum from the date of submission of the claim application i.e. 22-7-2019 till its realisation. 7. The appeal stands allowed in part to the extent indicated herein- above with no order as to cost(s). Sd/- (Sanjay K. Agrawal) JUDGE Soma (MAC No.1449/2022)