1 2025:CGHC:20832 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 465 of 2021 1. Smt. Niranjani Ekka W/o Late Sulemaan Ekka, Aged About 42 Years R/o Police Line, Thana Balko Nagar- Korba, Tahsil And District Korba Chhattisgarh..............Claimant, District : Korba, Chhattisgarh 2. Ku. Anjlina Ekka D/o Late Sulemaan Ekka Aged About 12 Years Minor Through Legal Guardian Mother Smt. Niranjani Ekka W/o Late Sulemaan Ekka. R/o Police Line, Thana Balko Nagar- Korba, Tahsil And District Korba Chhattisgarh..............Claimant, District : Korba, Chhattisgarh 3. Ku. Roshni Ekka, D/o Late Sulemaan Ekka Aged About 8 Years Minor Through Legal Guardian Mother Smt. Niranjani Ekka W/o Late Sulemaan Ekka. R/o Police Line, Thana Balko Nagar- Korba, Tahsil And District Korba Chhattisgarh..............Claimant, District : Korba, Chhattisgarh 4. Ku. Namrata Ekka D/o Late Sulemaan Ekka Aged About 6 Years Minor Through Legal Guardian Mother Smt. Niranjani Ekka W/o Late Sulemaan Ekka. R/o Police Line, Thana Balko Nagar- Korba, Tahsil And District Korba Chhattisgarh..............Claimant, District : Korba, Chhattisgarh ... APPELLANT(S) versus 1. Dhanshyam Banjare S/o Mansay Banjare, Aged About 27 Years R/o L.C.H.-90 Katainar, Post And Thana Bankimongara Tahsil Katghora, District Korba Chhattisgarh..............Driver, District : Korba, Chhattisgarh 2. Mansay Banjare S/o Khubiram Banjare, Aged About 62 Years R/o L.C.H.- 90 Katainar, Post And Thana Bankimongara Tahsil Katghora, District Korba Chhattisgarh...............Owner, District : Korba, Chhattisgarh 3. The New India Insurance Company Limited, Through Senior Divisional Manager, New India Insurance Company Limited, Divisional Office- T.P. Nagar, Korba, Tahsil And District Korba Chhattisgarh..............Insurer, District : Korba, Chhattisgarh ... RESPONDENT(S) AJINKYA PANSARE Digitally signed by AJINKYA PANSARE Date: 2025.05.08 14:02:45 +0530 2 For Appellants : Mr. A.L. Singroul, Advocate along with Ms. Shaleeni Jangde, Advocate For Respondent No. 3 : Mr. B.N. Nande, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board 06-05-2025 1) Appellants have preferred this appeal with a delay of 430 days and in the application for condonation of delay, they have assigned sufficient reasons, therefore, I am inclined to allow I.A. No. 1, the application for condonation of delay in filing the appeal and thus a delay of 430 days caused in filing this appeal is hereby condoned. 2) With the consent of the parties, the appeal is heard finally. 3) The claimants have filed this appeal under Section 173 of the Motor Vehicles Act, 1988 for enhancement of compensation against the award passed by the learned First Additional Motor Accident Claims Tribunal – Korba in Claim Case No. – 23/2015 dated 11.10.2018 whereby the claim case filed by the appellants was partly allowed and the award of Rs. 45,84,188/- with interest of 6 % p.a. was passed. 4) Claimants are widow and minor children of Sulemaan Ekka, who was posted as Constable in CRPF. He met with a road accident on 09.07.2014 at about 10:40 a.m. The offending vehicle was being driven by respondent No. 1 rashly and negligently. In the accident, Sulemaan Ekka suffered grievous injuries and was taken to hospital, where he expired on 11.07.2014 during the course of treatment. At the time of the death, the age of the deceased was 44 years and he was earning Rs. 28,000/- per month. Insurance Company filed a reply and denied the contents of claim petition; the learned Tribunal framed issues; parties 3 led evidence and the final award was passed. 5) Learned tribunal assessed the monthly income of the deceased to the tune of Rs. 28,180/- and after deducting 1/4th of that amount for personal expenses, the dependency was assessed to the tune of Rs. 21,135/- per month. A multiplier of 14 was applied. The issue of breach of policy was decided in negative and it attained finality as the Insurance Company has not challenged the findings recorded by the learned Tribunal. The Tribunal awarded Rs. 70,000/- towards the loss of consortium. 6) Learned counsel for the appellants submits that the learned Tribunal ought to have considered the gross salary of the deceased while computing the income part. He further submits that the learned Tribunal also committed an error of law in not granting appropriate compensation under the head of loss of consortium. He thus prays to enhance the compensation. 7) On the other hand, learned counsel for the Insurance Company submits that the gross salary of Rs. 28,180/- has been taken by the learned Tribunal as the income of the deceased and the contention made by Mr. Singroul is incorrect. He further submits that the Tribunal has rightly awarded Rs. 70,000/- to the claimants for the loss of consortium. He prays that this appeal deserves to be dismissed. 8) Heard learned counsel for the parties and perused the record. 9) Perusal of the record would show that learned Tribunal has considered the gross salary of the petitioner of Rs. 28,180/- as monthly income while computing the dependency part and thus the contention made by Mr. Singroul in this regard is incorrect. With regard to the loss of consortium, the learned Tribunal has awarded only Rs. 70,000/- 4 whereas the number of dependents is 4 and each of them is entitled to receive Rs. 40,000/-. 10) As a result, the compensation under the head of loss of consortium is hereby enhanced to Rs. 1,60,000/- [Rs. 40,000/- x 4]. Admittedly, the Tribunal has awarded Rs. 70,000/- under the loss of consortium, therefore, the claimants would be entitled to receive an additional sum of Rs. 90,000/- for the Loss of Consortium. 11) Insurance Company is directed to make payment of Rs. 90,000/- to the claimants within a period of 60 days, failing which the amount shall carry interest of 6 % p.a. 12) Accordingly, the appeal stands partly allowed. Sd/- (Rakesh Mohan Pandey) JUDGE Ajinkya