1 MAC No. 386 of 2023 2025:CGHC:49673 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 386 of 2023 1.Raja Ram Sahu S/o Late Dauwa Ram Sahu, Aged About 60 Years, R/o Plot No. 68, Ayyappa Nagar Supela Bhilai, District- Durg, Chhattisgarh. 2.Ashvant Kumar Sahu S/o Late Dauwa Ram Sahu, Aged About 55 Years, R/o Kadambari Nagar Durg, Tahsil And District - Durg, Chhattisgarh. 3.Smt. Sharda Sahu W/o Late Swarpur Sahu, Aged About 50 Years, R/o Kelabadi Durg, Tahsil And District- Durg, Chhattisgarh. 4.Devi Sahu W/o Neelam Sahu, Aged About 38 Years; 5.Abhishek Kumar Sahu S/o Neelam Sahu, Aged About 14 Years; 6.Aryan Sahu S/o Neelam Sahu, Aged About 10 Years; Appellants No.5 & 6 are Minor Through Natural Guardian Devi Sahu W/o Neelam Sahu (appellant No.4) Appellants No.4 to 6 are R/o House No. 217, Manjhi Para, Ward No.15, Bhinaras Dhamtari, Sihawa, District- Dhamtari, Chhattisgarh. ... Appellants versus 1.Prakash Mahadev Borkar S/o Mahadev Borkar, Aged About 32 Years, R/o Suraj Nagar Bhandewadi, Nagpur, Police Station Station Nandanvan, District Nagpur, Maharashtra.....................(Driver Of Vehicle Mazda Registration No. M.H.-31/C.B.- 6099). ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH Date: 2025.10.08 10:49:37 +0530 2 MAC No. 386 of 2023 2.Rana Pratap S/o Ramdas Dahar, Aged About 42 Years, R/o Qtr. No.25, Ambedkar Colony, Kamthi Road Nagpur, Jariptka, District- Nagpur, Maharashtra.....................(Registered Owner Of Vehicle Mazda Registration No. M.H.- 31/C.B.-6099). 3.Reliance General Insurance Company Limited Through Branch Manager, Branch Office - Nehru Nagar (East), First Floor, Commercial Complex, Above Vijaya Bank, Bhilai, District- Durg, Chhattisgarh.......................(Insurance Company Of Vehicle Mazda Registration No. M.H.- 31/C.B.-6099) ... Respondents For Appellants :- Mr. Praveen Dhurandhar, Advocate For Respondent No.2 :- Mr. Suryapratap Yuddhaveer Singh, Advocate. For Respondent No.3 :- Mr. Sourabh Gupta, Advocate. SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 06.10.2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) has been preferred by the appellants/claimants seeking enhancement in the amount of compensation, challenging the impugned award dated 10.11.2022 passed by the 8th Additional Motor Accident Claims Tribunal, Durg, Chhattisgarh (for short “Claims Tribunal”) in Claim Case No. 567/2019, whereby learned Claims 3 MAC No. 386 of 2023 Tribunal has awarded a total sum of 1,77,306/- ₹ as compensation along with interest for death of Dauwa Ram Sahu, aged about 77 years at the time of incident. 2. Learned counsel for the appellants would submit that the claimants are only seeking enhancement under the head of consortium as the Claims Tribunal has awarded 20,000/- to each of the ₹ claimants, which is in total ₹1,20,000/- (20,000 x 6), instead of 40,000/- to each of ₹ the claimants, meaning thereby, ₹2,40,2000/- (40,000 x 6) under the head of consortium should be awarded, therefore, additional amount to the extent of ₹1,20,000/- ( 2,40,000 – ₹ 1,20,000 = ₹1,20,000/-) is liable to be enhanced under the head of consortium and also compensation amount awarded by the Claims Tribunal. 3. Learned counsels for the respondents, would oppose the prayer made by learned counsel for the appellants and would support the impugned award passed by the Claims Tribunal. 4 MAC No. 386 of 2023 4. I have heard learned counsel for the parties, considered their rival submissions made herein- above and gone through the records meticulously. 5. Taking into consideration facts and circumstances of the case and the amount awarded under the head of the consortium to each of the claimants i.e. 20,000/- is liable ₹ to be enhanced to the extent of 40,000/- to ₹ each of the claimants, meaning thereby, ₹1,20,000/- is liable to be enhanced under the head of consortium as well as in the total amount of compensation awarded by the Claims Tribunal. Accordingly, Insurance Company, respondent No.3 herein, is directed to deposit the amount of compensation as enhanced by this Court i.e. 1,20,000/- within 30 days from the ₹ date of receipt of copy of this order. The additional amount of compensation shall carry interest @ 9% per annum from the date of filing of claim application before the Tribunal till 5 MAC No. 386 of 2023 its realization. Rest of the conditions of the impugned award shall remain intact. 6. As a consequence, this appeal is allowed in part and the impugned award is modified to the extent as indicated herein-above. Sd/- (Sanjay K. Agrawal) Judge Ankit