-1- 2025:CGHC:34980 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 2264 of 2019 1 - Smt. Shyam Bai W/o Late Kanhaiya Kurre Aged About 26 Years 2 - Minor Ku. Nargish D/o Late Kanhaiya Kurre Aged About 7 Years 3 - Minor Ku. Nimish S/o Late Kanhaiya Kurre Aged About 6 Years 4 - Minor Barkat Kurre S/o Late Kanhaiya Kurre Aged About 4 Years 5 - Minor Kashiya Kurre S/o Late Kanhaiya Kurre Aged About 5 Years 6 - Smt. Sakun Bai W/o Late Bachung Kurre Aged About 48 Years No. 2 to 5 are minor represented through mother and legal guardian Smt. Shyam Bai. All are R/o Village and Post Kothari, Police Station Urga, District Korba Chhattisgarh, ... Appellant (s) versus 1 - Laxman Das S/o Heeradas Aged About 32 Years R/o Bhatapara Gevra Basti, Police Station Kusmunda, Tahsil Katghora, District Korba Chhattisgarh 2 - Naresh Kumar Agrawal S/o M. C. Agrawal Address C/o Mahamaya Road Lines, T. P. Nagar, Rawanbhantha, Raipur Chhattisgarh At Present Jay Mahamaya Kirana Stores, Kusmunda Main Road, Korba District Korba Chhattisgarh ..........(Vehicle Owner) 3 - The New India Insurance Company Through Divisional Manager, The New India Insurance Company Limited, Office -Sada Complex, Taxi Stand, T. P. Nagar, Korba, District Korba Chhattisgarh........(Insurance Company), District : Korba, Chhattisgarh ... Respondent(s) Digitally signed by PRAVEEN KUMAR SINHA Date: 2025.08.08 10:28:26 +0530 -2- __________________________________________________________ For Appellant (s) : Mr. Aditya Khare, Advocate For Respondent No.3 : Mr. H.P. Agrawal, Advocate _______________________________________________________ S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Judgment On Board 22/07/2025 Heard. 1. This is claimants’ appeal filed under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) seeking enhancement of amount of compensation awarded by learned Motor Accidents Claims Tribunal, Korba (CG) vide award dated 25.02.2019 passed in Motor Accident Claim Case No.49 of 2017. 2. As the appeal is filed by the appellant/claimants seeking enhancement of amount of compensation only on the ground that compensation under the head of ‘loss of consortium’ is not awarded to all the claimants but for claimant No.1 of Rs.40,000/- and not raising any factual dispute, therefore, I am not adverting to facts of case. 3. Perusal of the impugned award would show that claimants are widow, four children, and widow mother of the deceased. Tribunal awarded compensation of Rs.15,99,360/- towards ‘loss of dependency’, Rs.15,000/- towards ‘funeral expenses’, Rs.15,000/- towards ‘loss of estate’ and Rs.40,000/- towards loss of ‘spousal consortium’, making total compensation of Rs.16,69,360/-. The award of compensation under other conventional heads has been well settled by Hon’ble Supreme Court in the -3- case of National Insurance Company Ltd. Vs. Pranay Sethi and Ors. (2017) 16 SCC 680. In case of Magma General Insurance Co. Ltd. Vs. Nanu Ram alias Chuhru Ram & Ors. (2018) 18 SCC 130 further specified types of consortium and it was held that there are three types of consortium i.e. ‘loss of spousal consortium’ to wife/husband, ‘loss of parental consortium’ to children and loss of ‘filial consortium’ to parents of the deceased. Learned Claims Tribunal awarded Rs.40,000/- to appellant/claimant No.1 (wife of deceased) under the head ‘loss of spousal consortium’. As claimants No. 2 to 5 are children of the deceased and claimant No.6 is mother of deceased, they will also be entitled for Rs.40,000/- each under the head of parental consortium and filial consortium respectively. 4. Hon’ble Supreme Court in the case of Pranay Sethi (supra) has further observed that compensation under the head of other conventional heads is to be increased by 10% in every three years and, therefore, compensation of Rs.15,000/- under the head of ‘loss of estate’ and ‘funeral expenses’ and Rs.40,000/- under the head of ‘loss of consortium’ to be awarded to claimants No. 1 to 6 has to be enhanced by 10% and thus it will be Rs.16,500/-, Rs.16,500/- and Rs.44,000/- to each claimant. 5. Now the appellants/claimants will be be entitled for the compensation of Rs.15,99,360/- towards ‘loss of dependency’ as awarded by learned Claims Tribunal, Rs.16,500/- towards ‘loss of estate’, Rs.16,500/- towards ‘funeral expenses’ and Rs.2,64,000/- (44000 x 6) towards loss of consortium to claimants No. 1 to 6. 6. Thus the appellants/claimants will be entitled for total compensation of -4- Rs.18,96,360/- instead of Rs.16,69,360/- as awarded by learned Claims Tribunal. 7. Enhanced amount of compensation shall carry interest @ 8% per annum from the date of filing of claim application till its realization. Any amount of compensation already paid to the claimants shall be adjustable from the total amount of compensation which has now been calculated and awarded by this Court. Rest of conditions of impugned award shall remain intact. 8. Appeal is accordingly allowed in part and the impugned award stands modified to the extent indicated above. Sd/- (Parth Prateem Sahu) Judge Praveen