1 2025:CGHC:51296 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 716 of 2023 1 - Smt. Reshma Bai W/o Late Shubhak Sai Yadav Aged About 36 Years R/o Village Kuntitoli, Jogtala, Tahsil Duldula, District Jashpur (C.G.) At Present R/o Darbartoli, Jashpur Nagar, Tahsil And District Jashpur, Chhattisgarh. 2 - Minor Santoshi Yadav D/o Late Shubhak Sai Yadav Aged About 16 Years Minor Through Natural Guardian And Next Friend Smt. Reshma Bai, The Appellant No.1, R/o Village Kuntitoli, Jogtala, Tahsil Duldula, District Jashpur (C.G.) At Present R/o Darbartoli, Jashpur Nagar, Tahsil And District Jashpur, Chhattisgarh. 3 - Minor Roshan Yadav S/o Late Shubhak Sai Yadav Aged About 12 Years Minor Through Natural Guardian And Next Friend Smt. Reshma Bai, The Appellant No.1, R/o Village Kuntitoli, Jogtala, Tahsil Duldula, District Jashpur (C.G.) At Present R/o Darbartoli, Jashpur Nagar, Tahsil And District Jashpur, Chhattisgarh. 4 - Karmu Yadav S/o Bahira Ram Aged About 75 Years R/o Village Kuntitoli, Jogtala, Tahsil Duldula, District Jashpur (C.G.) At Present R/o Darbartoli, Jashpur Nagar, Tahsil And District Jashpur, Chhattisgarh. HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2025.10.15 15:41:17 +0530 2 5 - Smt. Parvati Yadav W/o Karmu Ram Aged About 75 Years R/o Village Kuntitoli, Jogtala, Tahsil Duldula, District Jashpur (C.G.) At Present R/o Darbartoli, Jashpur Nagar, Tahsil And District Jashpur, Chhattisgarh. ... Appellants/Claimants versus 1 - Pawan Kumar Singh S/o Late Subedar Singh Aged About 61 Years R/o Darbartoli, Jashpurnagr, Tahsil And District Jashpur, Chhattisgarh. (Owner) 2 - Bimleshwar Kumar Bhagat S/o Ramdhani Bhagat Aged About 41 Years Occupation- Driver, C/o Pawan Kumar Singh S/o Late Subedhar Singh, R/o Darbartoli, Jashpurnagar, Tahsil And District Jashpur, Chhattisgarh. (Driver) 3 - The New India Insurance Company Limited Local Branch Office Micro Branch Office, Judev Complex, Gamahriya Road, Jashpur, District Jashpur, District Jashpur, Chhattisgarh. (Insurer) ... Respondent(s) For Appellants : Mr. Rishikant Mahobia, Advocate For Respondent No. 3 : Mr. Qamrul Aziz, Advocate SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 3 15.10.2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellants/claimants seeking enhancement of compensation awarded by learned Motor Acccident Claims Tribunal, Jashpur, District Jashpur (C.G.) vide impugned award dated 12/12/2022 passed in Claims Case No. 79/2021 whereby an amount of Rs. 16,79,000/- has been granted in favour of the appellants/claimants for the death of Shubhank Sai, aged about 42 years, who worked as an unskilled labour. 2. Mr. Rishikant Mahobia, learned counsel for the appellants/claimants, submits that the compensation awarded by the Claims Tribunal is not just and proper and is liable to be enhanced as the amount awarded under loss of consortium, loss of estate and funeral expenses has to be increased by 10% as per the decision rendered by the Supreme Court in the matter of National Insurance Company Ltd. V. Pranay Sethi1, therefore, the impugned award may be suitably enhanced. 3. Mr. Qamrul Aziz, learned counsel for the respondent No. 3/Insurance Company, submits that the compensation awraded by the Claims Tribunal is just and proper and does not warrant any interference by this Court, therefore, the instant appeal is liable to be dismissed. 1 (2017) 16 SCC 680 4 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection. 5. Considering the submission made by learned counsel for the appellant in light of the decision rendered by the Supreme Court in the matter of Pranay Sethi (supra), the amount awarded by the Claims Tribunal under loss of consortium, loss of estate and funeral expenses is enhanced by 10% and an additional amount of Rs. 23,000/- is awarded to the appellants/claimants, making the total compensation as Rs. 17,02,000/-. Respondent No. 3 is directed to deposit the additional amount within 30 days from the date of receipt of a copy of this order. The additional amount of compensation shall carry interest @ 6% per annum from the date of filing of the claim application i.e. 27/11/2021 till its realization. Rest of the conditions of the impugned award shall remain intact. 6. Accordingly, this appeal is allowed in part and the impugned award is modified to the extent as indicated herein-above. Sd/- (Sanjay K. Agrawal) Judge Harneet