1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 549 of 2021 1. Smt Suraj Poyam W/o Late Gondu Ram Poyam Aged About 33 Years R/o Dewangan Para, Juna Bilaspur, Police Station- City Kotwali, District- Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh 2. Ku. Dhameshwari Poyam D/o Late Gondu Ram Poyam Aged About 7 Years Minor, Represented Through Mother Smt. Suraj Poya W/o Late Gondu Ram Poyam, Aged About 33 Years. R/o Dewangan Para, Juna Bilaspur, Police Station- City Kotwali, District- Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh 3. Mayank Poyam S/o Late Gondu Ram Poyam Aged About 2 Years Minor, Represented Through Mother Smt. Suraj Poya W/o Late Gondu Ram Poyam, Aged About 33 Years. R/o Dewangan Para, Juna Bilaspur, Police Station- City Kotwali, District- Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ... Appellant(s) versus 1. Mohan Yadav S/o Ramdayal Yadav Aged About 41 Years R/o Village- Ramtala, Post- Kishungarh, Police Station- Pandaria, Tahsil- Pandaria, District- Kawardha Chhattisgarh. ........Owner And Driver Of Motorcycle No. Chhattisgarh. 09-Jf-7940)., District : Kawardha (Kabirdham), Chhattisgarh 2. Tata A. I. G. General Insurance Co. L. T. D. Through The Branch Manager, Branch Office First Floor, Galaxy Heights, Vyapar Vihar, Beside Sanjay Apartment, Bilaspur, Tahsil And District- Bilaspur Digitally signed by AJINKYA PANSARE Date: 2025.11.07 13:35:27 +0530 2 Chhattistisgarh. .......Insurer Of Motorcycle No. C. G. 09-Jf- 7940), District : Bilaspur, Chhattisgarh 3. Peela Dai Poyam W/o Late Usaruram Poyam Aged About 60 Years R/o Village- Dhansuli, Post- Bamhani, Police Station- Kondagaon, Tahsil And District- Kondagaon Chhattisgarh., District : Kondagaon, Chhattisgarh ... Respondent(s) For Appellants : Ms. Diksha Jaiswal, Advocate on behalf of Mr. Goutam Khetrapal, Advocate For Respondent No.2 : Mr. Sourabh Gupta, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board 7-11-2025 1) This appeal has been preferred by the appellants/ claimants under Section 173 of Motor Vehicle Act, 1988 assailing the award passed by Motor Accident Claims Tribunal, Bilaspur in Claim Case No. 1002/2018 dated 24.3.2021, whereby Claims Tribunal has passed an award to the tune of Rs. 70,75,930/- with interest @ 6% on account of death of Gonduram Poyam. 2) Facts of the present case are that Gonduram Poyam met with an accident on 8.10.2018 as the offending motorcycle bearing registration No. CG-09-JF-7940 dashed him. In the accident, Gonduram Poyam sustained grievous injuries and died. Claimants, who are the widow and minor children of the deceased moved claim application and claimed compensation to the tune of Rs. 97,73,500/-. Claims Tribunal framed issues ; parties led evidence and award impugned was passed. 3) Learned counsel for the appellants submits that Claims Tribunal 3 has awarded Rs. 40,000/- towards loss of consortium to the wife of the deceased (Appellant No. 1) and no separate compensation has been awarded to minor children of the deceased (Appellants No. 2 and 3). She fairly submits that Claims Tribunal has rightly assessed the monthly income of the deceased and granted 50% dependency towards future prospects and deducted 1/4th dependency towards personal and living expenses of the deceased and applied multiplier of 15 looking to the age of deceased. She prays to modify the award accordingly. 4) On the other hand, learned counsel appearing for the Insurance Company submits that Claims Tribunal has awarded just and proper compensation. 5) Heard learned counsel for the parties and perused the record with utmost circumspection. 6) Admittedly, Claims Tribunal has awarded Rs. 40,000/- to the wife of the deceased whereas appellants No. 2 and 3, who are minor children of the deceased have not been awarded separate compensation towards loss of consortium. As the accident occurred in October, 2018, appellants No. 2 and 3 would also be entitled to receive an additional sum of 20% as per the law laid down by the Apex Court in the matter of National Insurance Company Ltd. V. Pranay Sethi1. However, Claims Tribunal has rightly assessed the monthly income of the deceased and awarded just and proper compensation under conventional heads. 1. (2017) 16 SCC 680 4 7) Accordingly, the amount of compensation of Rs.70,75,930/- awarded by the Claims Tribunal is enhanced to Rs.71,71,930/-. Hence, the appellants are entitled for an additional amount of Rs. 96,000/-. The Insurance Company is directed to make payment of additional compensation assessed herein-above within period of 60 days with interest @ 6% p.a. from date of application, failing which, the said amount shall carry an interest @ 18% p.a. 8) Accordingly, the appeal is allowed in part and the impugned award is modified to the extent as indicated herein-above. Sd/- (Rakesh Mohan Pandey) JUDGE A j i n k y a