1 MAC No. 1056 of 2023 2025:CGHC:61286 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1056 of 2023 1.Smt. Kamla Bai W/o Late Ghanshaya Yadav, Aged About 42 Years; 2.Jitendra Prasad Yadav S/o Late Ghanshyam Yadav, Aged About 22 Years; 3.Minor Bhagirathi S/o Late Ghanshyam Yadav, Aged About 12 Years, Through Natural Guardian His Mother Smt. Kamla Bai, Appellant No. 1; 4.Mukund Ram S/o Late Ratna Ram, Aged About 70 Years; 5.Smt. Aasmani S/o Mukund Ram, Aged About 68 Years; All are R/o Village Balampur, Dumarbhwna, Post Pocksari Tahsil Batouli, District Surguja Chhattisgarh. ... Appellants versus 1.Gagan Agrawal S/o Late Santosh Kumar Agrawal, Aged About 22 Years; R/o Village And Post Salewara, District Rajnandgaon Chhattisgarh, Proprietor - Maa Laxmi Bharat Gas, Village And Post Salewara, District Rajnandgaon Chhattisgarh. ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH Date: 2025.12.17 11:08:05 +0530 2 MAC No. 1056 of 2023 2.United India Insurance Company Limited, Shanti Place Near Sarla Villa, Chakradhar Nagar Chowk, Raigarh Chhattisgarh 496001 (Insurer). ... Respondents For Appellant :- Mr. Shrikant Kaushik, Advocate on Rishikant Mahobia, Advocate For Respondent No.2 :- Mr. Prasanjeet Dutta, Advocate, on behalf of Mr. Sudhir Agrawal, Advocate. SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 16.12.2025 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 24.03.2023 passed by the Motor Accident Claims Tribunal, Jashpur, Chhattisgarh (for short “Claims Tribunal”) in Claim Case No. 44/2021 whereby learned Claims Tribunal has allowed the claimants’ application and awarded a sum of 17,65,520/- ₹ as compensation along with interest. 3 MAC No. 1056 of 2023 2.Mr. Shrikant Kaushik, learned counsel for the claimants, would submit that learned Claims Tribunal has erred in awarding less amount of compensation in the facts of the present cases. He would also submit that 10% amount under the heads of loss of estate, funeral expenses and consortium is liable to be enhanced. 3.Mr. Prasanjeet Dutta, learned counsel for the Insurance Company, would submit oppose the prayer made by learned counsel for the claimants and submit that the amount of compensation awarded by the Claims Tribunal is just and proper which does not call for any interference. 4.I have heard learned counsel for the parties, considered their rival submissions made herein above and gone through the records meticulously. 5.Admittedly, learned Claims Tribunal has awarded under the heads of loss of estate, funeral expenses and consortium 15,000/-; 15,000 & ₹ ₹ 4 MAC No. 1056 of 2023 ₹2,00,000/- However, in opinion of this Court, under the heads of loss of estate, funeral expenses and consortium 10% amount is liable to be enhanced. Thus, this Court is computing the compensation as below:- Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Income ₹9,750 ₹9,750 2. Future prospect (+)25% = 2437 ₹ 12,187/- total ₹ income (+)25% = 2437 ₹ 12,187/- total ₹ income 3. Deduction (-) ¼ = 3,047/- ₹ ₹12,187–3,047= 9,140/- ₹ (-) ¼ = 3,047/- ₹ ₹12,187–3,047= ₹9,140/- 4. Multiplier (x) 14 = ₹1,27,960/- early income = 1,27,960 x 12 = 15,35,520/- ₹ (x) 14 = ₹1,27,960/- early income = 1,27,960 x 12 = 15,35,520/- ₹ 5. Loss of Estate ₹15,000/- 16,500/- ₹ 6. Funeral Expenses ₹15,000/- 16,500/- ₹ 7. Consortium ₹2,00,000/- 2,20,000/- ₹ Total ₹17,65,520/ - ₹17,88,520 /- 6.In view of the aforesaid analysis, the amount of compensation of ₹17,65,520/- awarded by the Claims Tribunal is enhanced to 17,88,520/ ₹ -. Hence, after deducting the amount of ₹ ₹17,65,520/-, the appellants are held to be 5 MAC No. 1056 of 2023 entitled to an additional amount of ₹23,000/-. The concerned respondent is directed to deposit the amount of compensation as enhanced by this Court within a period of 45 days from the date of receipt of copy of this order. The additional amount of compensation shall carry interest @6% per annum from the date of filing of claim application before the Tribunal till its realization. Rest of the conditions of the impugned award shall remain intact. 7.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 Ankit