1 2025:CGHC:51000 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 828 of 2018 1 - Dinesh Kumar S/o Dalsay Aged About 35 Years R/o Village Bhuvneshwarpur, Police Station And Tahsil Ramanujnagar, District Surajpur, Chhattisgarh (Claimant), District : Surajpur, Chhattisgarh ... Appellant(s) versus 1 - Banasram @ Banshram S/o Itwarsay Aged About 38 Years R/o Village Singhat, Gram Panchayat Duggi, Police Station Khadgawan, District Korea, Chhattisgarh (Driver Of Motorcycle Bearing Registration No. C.G.-16-Cb-6347), District : Koriya (Baikunthpur), Chhattisgarh. 2 - Jaipal Singh S/o Mangal Singh Aged About 30 Years R/o Village Jampani, Gram Panchayat Patma, Police Station And Tahsil Khadgawa, District Korea, Chhattisgarh (Owner Of Motorcycle Bearing Registration No. C.G.-16-Cb-6347), District : Koriya (Baikunthpur), Chhattisgarh. 3 - The Oriental Insurance Company Limited Vistar Patal Chirmiri, Through Branch Manager, Ambedkar Chowk Ambikapur, District Surguja, Chhattisgarh (Insurer Of Motorcycle Bearing Registration No. C.G.-16-Cb-6347), District : Surguja (Ambikapur), Chhattisgarh. 4 - Dalsay S/o Ramsay Aged About 65 Years R/o Village Podi, Police Station Tahsil Ramanujnagar, District Surajpur, Chhattisgarh (Brother Of Deceased), District : Surajpur, Chhattisgarh RAGHVENDRA JAT Digitally signed by RAGHVENDRA JAT 2 5 - Manoj Kumar S/o Dalsay Aged About 32 Years R/o Village Podi, Police Station And Tahsil Ramanujnagar, District Surajpur, Chhattisgarh (Nephew Of Deceased), District : Surajpur, Chhattisgarh. ... Respondent(s) For Appellant(s) : Ms. Gurprit Kaur Bhatia, Advocate on behalf of Mr. H.A.P.S. Bhatia, Advocate. For Respondent(s) No. 1, 2, 4 & 5 : None. For Respondent No. 3 : Mr. Deepak Gupta, Advocate. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 13/10/2025 1. This appeal has been filed under Section 173 of the Motor Vehicle Act, 1988, against the award dated 2.2.2018 passed by the learned First Additional Motor Accident Claims Tribunal, Surajpur, District- Surajpur (C.G.), in Motor Accident Claim Case No. 57/2015 whereby an amount of Rs. 50,000/- with interest @ 9% per annum has been awarded in the favour of the claimant of the deceased for their irreparable loss. 2. Brief facts of the case, is that on on 12.02.2015, the deceased Lotan Ram was returning home and, near the house of Mulchand Sahu, respondent No. 1, driving a motorcycle bearing registration number C.G. 16-CB-6347 in a rash and negligent manner, collided with Lotan Ram. As a result, Lotan Ram sustained 3 multiple injuries and was initially admitted to Sharma Nursing Home, Baikunthpur, District Korea (C.G.). Unfortunately, he died in the hospital on 15.02.2015. Following his sudden demise, a claim application under Section 166 of the Motor Vehicles Act was filed seeking compensation of Rs. 8,40,000/-. It was stated that the deceased was approximately 70 years old and earned Rs. 5,000 per month working as a laborer, and that the appellant had been caring for the deceased for a long time. Respondents No. 1 and 2 filed a reply claiming that the accident occurred due to the negligence of the deceased and that the vehicle was insured, making the insurer liable to indemnify the award. Respondent No. 3 also filed a reply, asserting that the appellant was not dependent on the deceased and thus not entitled to any compensation. Based on the pleadings, the learned claims tribunal framed six issues, all of which were decided in favor of the appellant. However, the compensation awarded by the learned M.A.C.T. was deemed unsatisfactory, prompting the filing of this Miscellaneous Appeal (C). 3. The tribunal has awarded a sum of Rs. 15,000/- towards loss of estate, Rs. 15,000/- towards loss of love and affection, Rs. 15,000/- towards funeral expenses, Rs. 5,000/- towards transportation. Accordingly, the Claims Tribunal has awarded total compensation of Rs. 50,000/- in favour of the nephew of the 4 deceased with interest @ 9% per annum, from the date of application till its realization. Hence, this appeal for enhancement. 4. Learned counsel for the appellant/claimant submits that the claims Tribunal has awarded a sum of Rs. 50,000/- which is not in accordance with law and the same is required to be enhanced in accordance with law. He further submits that the compensation awarded under other heads is also on lower side and needs to be enhanced. Hence, this appeal may be allowed by enhancing the compensation amount suitably. 5. On the other hand, it has argued on behalf of the counsel for respondent No. 3 that in the facts and circumstances of case, the compensation awarded by the Claims Tribunal is just and proper and requires no further enhancement. 6. None for respondent Nos. 1, 2, 4 & 5. 7. I have heard learned counsel for the parties and perused the material available on record. 8. In a motor accident claim case, what is important is that, the compensation to be awarded by the Courts/Tribunals should be just and proper compensation in the facts and circumstances of the case. It should neither be a meager amount of compensation, nor a Bonanza. 5 9. Now this Court shall examine as to whether the compensation of awarded by the Tribunal is just and proper compensation in the given facts and circumstances of the case. 10. In view of judgment of the Hon’ble Supreme Court in National Insurance Company Ltd., Vs. Pranay Sethi and Others, (2017) 16 SCC 680, the claimant is further entitled for Rs. 18,000/- towards loss of estate (increase of 10% in every three years) and Rs. 18,000/- for funeral expenses (increase of 10% in every three years). As per 'Magma General Insurance Co. Ltd. Vs. Nanu, reported in AIR Online 2018 SC 189, the claimant is further entitled for Rs. (40,000/-X1+10%+10%) each (with increase of 10% in every three years) i.e. Rs. 48,000/- for consortium and Rs. 5,000/- towards transportation. Accordingly, the appellant/claimant i.e. nephew of the deceased would become entitled for total compensation of Rs. 89,000/- in the following manner:- S.No. Heads Calculation 01 Towards consortium along with with increase of 10% in every three years (40,000X1+10% +10%). Rs. 48,000/- 02 Towards loss of estate along with increase of 10% in every three years. Rs. 18,000/- 03 Towards Funeral Expenses Rs. 18,000/- 6 along with increase of 10% in every three years. 04 Towards Transportation Rs. 5,000/- Total Rs. 89,000/- 11. Thus, the total compensation is recomputed as Rs. 89,000/-. After deducting Rs. 50,000/- as awarded by the tribunal, the enhancement would be Rs. 39,000/-. 12. In the result, the appeal is partly allowed. The claimant/appellant i.e. nephew of the deceased shall be entitled for the enhanced amount of Rs. 39,000/- in addition to what is already awarded by the claims Tribunal. The enhanced amount will carry interest @ 6% from the date of enhancement of the award till its realization. The impugned award stands modified to the above extent and rest of the conditions shall remain intact. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat