-1- NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 585 of 2024 1 - Sagwati Bai Dhiwar Wd/o Bhukhan Lal Dhiwar, Aged About 42 Years R/o Sasha, Police Station And Tahsil Palari, District Baloda Bazar Bhatapara Chhattisgarh. 2 - Minor Jyoti Dhiwar D/o Late Bhukhan Lal Bhukhan Lal Dhiwar Aged About 14 Years Minor Appellants Through Legal Guardian Mother Sagwati Bai Dhiwar W/o Late Bhukhan Lal Dhiwar, R/o Sasha, Police Station And Tahsil Palari, District Baloda Bazar Bhatapara Chhattisgarh. 3 - Minor Annapurna D/o Late Bhukhan Lal Dhiwar, Aged About 10 Years Minor Appellants Through Legal Guardian Mother Sagwati Bai Dhiwar W/o Late Bhukhan Lal Dhiwar, R/o Sasha, Police Station And Tahsil Palari, District Baloda Bazar Bhatapara Chhattisgarh. ... Appellants versus 1 - Atish Kerketta S/o Late Athnal Kerketta, Aged About 26 Years R/o Kandra Bahar, (Tongo Toli) Mohalla, Police Station Farsabahar, District Jashpur Chhattisgarh (Driver Of Alleged Offending Vehicle Truck Bearing Registration No. C.G. 04jb-5985) 2 - Lokant Sahu S/o Late Satya Prakash Sahu, Aged About 25 Years R/o Village Beltikri, Police Station Bilaigarh, District Sarangarh Bilaigarh Chhattisgarh. (Owner Of Alleged Offending Vehicle Truck Bearing Registration No. C.G. 04jb-5985) 3 - Roshan Pratap Singh S/o Rajendra Singh Aged About 32 Years R/o Village Doutra Post Officer Janai, Raibareli, P.S. Maharajganj, District Raibareli (U.P.) (Wrongly Mention C.G.) Present Address Indira Colony Baloda Bazar District Baloda Bazar Bhatapara Chhattisgarh. (Driver Of Alleged Offending Vehicle Mini Bus C.G. 04-E- 6961) Bearing Registration No. C.G. 04jb-5985) 4 - Prabha Sharma W/o Late Premlal Sharma, Aged About 65 Years R/o Indira Colony Baloda Bazar, Police Station City Kotwali Baloda Bazar District Baloda Bazar Bhatapara Chhattisgarh. (Owner Of Alleged Offending Vehicle Mini Bus C.G. 04-E- 6961) Bearing Registration No. C.G. 04jb-5985) 5 - Ifco Kokiyo General Insurance Company Limited, Second Floor M.N. Silver, Plaza -2- In Front Of Udyog Bhawan, Ring Road Number Raipur District Raipur Chhattisgarh. (Insurer Of Alleged Offending Vehicle Mini Bus C.G. 04-E-6961) Bearing Registration No. C.G. 04jb-5985) ... Respondents For Appellants/Claimants : Mr. S.P. Sahu, Advocate For Respondent No.2 : Mr. Rajendra Patel, Advocate For Respondent No.5 : Ms. Shrejal Gupta, Advocate holding the brief of Mr. Vaibhav Shukla, Adv. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 07.11.2025 1) Heard. 2) The appellants/claimants have filed this appeal for enhancement of compensation against an award passed by the learned Motor Accidents Claims Tribunal, Balodabazar Bhatapara, District Balodabazar Bhatapara (C.G.) in Claim Case No.113/2022 dated 01.03.2024 whereby, the learned Tribunal has granted compensation to the tune of Rs.19,53,264/- with interest @ 7.5% per annum on account of death of Domesh @ Domeshwar Dhiwar. 3) Learned counsel appearing for the appellants/claimants would fairly submit that the learned Tribunal has awarded just and proper compensation on all heads but failed to award compensation for loss of consortium to the claimants who are mother and siblings of the deceased. He would contend that the deceased Domesh @ Domeshwar Dhiwar died in motorcycle accident on 14.09.2022. He would pray to modify the award passed by the learned Tribunal accordingly. 4) On the other hand, learned counsels appearing for the respondents -3- would oppose the submissions made by Mr. Sahu. They would submit that the learned Tribunal has passed just and proper compensation. They would further submit that the appeal deserves to be dismissed. 5) I have heard the learned counsel appearing for the parties and perused the record with utmost circumspection. 6) A perusal of the award would show that the learned Tribunal has not granted compensation for loss of consortium to the claimants who are parents and siblings of the deceased. The accident occurred on 14.09.2022 and three years have elapsed, therefore, 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, the amount of compensation for loss of consortium shall carry an additional sum of 10%. Accordingly, the claimants shall be entitled to receive the compensation of Rs.44,000 x 3 = 1,32,000/- for loss of consortium. The enhanced amount shall carry interest @ 7.5% per annum from the date of application till its realization. The rest of the terms and conditions shall remain intact. The Insurance Company is directed to deposit the enhanced amount within a period of 60 days. 7) Accordingly, this appeal is allowed in part and the impugned award is modified to the extent as indicated herein-above. Sd/- (Rakesh Mohan Pandey) Judge Rekha