1 2025:CGHC:53005 NAFR HIGH COURT of CHHATTISGARH AT BILASPUR MAC No. 273 of 2024 1 - Roshan Lal @ Vijay Choubey Son of Ramkhilawan Choubey Aged About 50 Years Resident of House No. 28, Ward No. 07, Mahraj Para, Village Kukda, Tahsil And Police Station Palari, Dist. Balodabazar-Bhatapara, C.G. 2 - Rishabh Choubey Son of Roshan Lal @ Vijay Choubey Aged About 23 Years Resident of House No. 28, Ward No. 07, Mahraj Para, Village Kukda, Tahsil And Police Station Palari, Dist. Balodabazar-Bhatapara, C.G 3 - Sneha Choubey Daughter of Roshan Lal @ Vijay Choubey Aged About 18 Years Resident of House No. 28, Ward No. 07, Mahraj Para, Village Kukda, Tahsil And Police Station Palari, Dist. Balodabazar-Bhatapara, C.G ... Appellants versus 1 - Kanhaiya Lal Sahu @ Lusu Son of Firtu Ram Sahu Aged About 37 Years Resident of Village Bhaisu, Police Station Pamgarh, Dist. Janjgir-Champa, C.G. At Present Resident of Durga Carrier Balodabazar, Tahsil Balodabazar, District Balodabazar-Bhatapara, C.G. (Driver of offending Vehicle Cg-22, J-9706) 2 - M/s. Durga Carrier Private Limited Near Kisan Rice Mills, Lawan Road, Balodabazar, Tahsil Balodabazar-Bhatapara, C.G. (Owner of offending Vehicle Cg-22, J-9706) 3 - Branch Manager The New India Insurance Company Limited, Branch office, Ambedkar Chowk, Balodabazar, Tatuva, Tahsil Balodabazar, Dist.- Balodabazar-Bhatapara, C.G. (Insurer of offending Vehicle Cg-22, J-9706) ... Respondent(s) For Appellants : Ms. Prachi Singh, Advocate, holding the brief of Mr. Shikhar Sharma, Advocate Digitally signed by NADIM MOHLE 2 For Respondent No.2 For Respondent No.3 : : Mr. Pranjal Agrawal, Advocate Mr. Samir Singh, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Judgment on Board 30/10/2025 1. The present appeal has been filed by the claimants seeking enhancement of compensation against the award passed by the Motor Accident Claims Tribunal, Balodabazar in MACT Case No. 87/2022, whereby the learned Tribunal granted compensation to the tune of Rs. 15,97,552/- with interest at the rate of 7.5% per annum on account of the death of Smt. Chanchala Choubey. 2. Brief facts of the present case are that on 20.04.2018, at about 10:00 AM, the deceased was proceeding to her office on her Scooty (CG-22- U-8062) and when she reached near Government Hospital Palari, the offending vehicle Truck (CG-22-J-9706) dashed her scooty. As a result, she sustained grievous injuries and succumbed to it. The claimants (husband and children) filed a claim petition before the learned Motor Accident Claims Tribunal claiming compensation to the tune of Rs.1,90,00,000/-. The respondents filed reply and denied the claim averments. The learned Tribunal vide award dated 20.12.2023, granted compensation to the tune of 15,97,552/- along with interest at 7.5% ₹ per annum. 3 3. Learned counsel appearing for the appellants submitted that the learned Tribunal while computing compensation failed to award compensation for loss of consortium to Claimants No. 2 and 3, who are the children of the deceased. It is contended that the learned Tribunal has awarded adequate compensation under other heads as per judgment of the Hon'ble Supreme Court in the matter of Pranay Sethi vs. Union of India & Ors. (2017) 16 SCC 680. 4. On the other hand, learned counsel appearing for the respondent(s) would oppose the submission made by counsel for the appellants and submit that the learned Tribunal has passed just & proper award; thus, the instant appeal deserves to be dismissed. 5. I have heard learned counsel for the parties and perused the record. 6. From a perusal of the award, it is evident that the learned Tribunal has computed and awarded compensation under various heads, but failed to grant compensation for loss of consortium to Claimants No. 2 & 3, who are the children of the deceased; thus, they are entitled to get ₹40,000/- + 20 % additional sum each, as compensation for loss of consortium. Accordingly, the award is revisited as under:- Sr. No. Heads Compensation awarded by Tribunal Compensation awarded by this Court 1. Income 11,750 (25% future prospect) + 14,688 x 12 = 1,76,256/- 1,76,256/- 2. Multiplier 13 x 1,76,256/- = 22,91,328/- 22,91,328/- 4 3. Deduction 1/3 = 15,27,552/- 15,27,552/- 4. Loss of Estate 15,000/- 15,000/- 5. Funeral expenses 15,000/- 15,000/- 6. Loss of Consortium (for appellant No. 1) 40,000/- (appellants No. 1 to 3) 40,000+48,000+48, 000 = 1,36,000/- Total 15,97,552 16,93,552/- In view of the above, the total compensation stands enhanced from ₹15,97,552/- to ₹16,93,552/-. Accordingly, the respondent/Insurance Company is directed to deposit the enhanced compensation amount i.e. ₹96,000/- along with interest at the rate of 7.5% per annum within a period of six weeks from the date of receipt of a certified copy of this order. All other terms and conditions of the award shall remain intact. Consequently, the appeal is allowed in part. Sd/- Rakesh Mohan Pandey JUDGE Nadim