1 2025:CGHC:59748 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 2056 of 2023 1 - Rohit Bai W/o Late Dhansingh Aged About 41 Years R/o Kutelamuda, Post Rajkamma, Police Station Katghora, District Korba (C.G.) (Claimants) 2 - Ku. Heera D/o Dhansingh Aged About 18 Years R/o Kutelamuda, Post Rajkamma, Police Station Katghora, District Korba (C.G.) (Claimants) 3 - Ku. Meera D/o Dhansingh Aged About 16 Years Through The Legal Guardian Rohit Bai W/o Late Dhansingh, Aged About 41 Years, R/o Kutelamuda, Post Rajkamma, Police Station Katghora, District Korba (C.G.) (Claimants) 4 - Ku. Vrinda D/o Dhansingh Aged About 14 Years Through The Legal Guardian Rohit Bai W/o Late Dhansingh, Aged About 41 Years, R/o Kutelamuda, Post Rajkamma, Police Station Katghora, District Korba (C.G.) (Claimants) c5 - Basant Kumar S/o Late Dhansingh Aged About 12 Years Through The Legal Guardian Rohit Bai W/o Late Dhansingh, Aged About 41 Years, R/o Kutelamuda, Post Rajkamma, Police HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2025.12.10 11:02:59 +0530 2 Station Katghora, District Korba (C.G.) (Claimants) ... Appellants/Claimants versus 1 - Anil Kumar Prajapati S/o Late Horilal Prajapati Aged About 36 Years R/o Village Teliyabag Varanasi Police Station Chetganj, District Varanasi (U.P.) (Driver Of The Innova Car Registration Number Up-65, Ar-2467) 2 - Sanjeev Kumar Pandey S/o Shambhu Ram Pandey R/o Plot No.11, The Tulsi Mahamandal Nagar Lahuraveer Varanasi, District Varanasi (U.P.) (Owner Of The Innova Car Registration Number Up-65, Ar-2467) 3 - The Oriental Insurance Company Limited Through Manager, Branch Officer- Second Floor Rama Trade Center, Near Rajeev Plaza Old Bus Stand Main Road, Bilaspur, Police Station Civil Line, Tahsil And District Bilaspur (Insurer Of Innova Car Registration Number Up-65, Ar-2467) ... Respondent(s) For Appellants : Mohd. Parvez Khan, Advocate For Respondent No. 3 : Mr. H.P. Agrawal, Advocate SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 3 09.12.2025 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 of compensation, challenging the impugned award dated 01/07/2023 passed by learned 1st Additional Motor Accident Claims Tribunal, Bilaspur (C.G.) in Claim Case No. 1086/2019, whereby learned Claims Tribunal has awarded compensation of Rs. 16,72,201/- in favour of the appellants/claimants for the death of Santram. 2. Learned counsel for the appellants/claimants would submit that the Claims Tribunal has granted Rs. 40,000/- x 5 = Rs. 2,00,000/- under loss of consortium whereas it ought to have granted Rs. 44,000/- x 5 = Rs. 2,20,000/- and moreover, the Claims Tribunal has granted Rs. 15,000/- each under loss of estate and funeral expenses whereas it ought to have granted Rs. 16,500/- under each of these heads, therefore, the amount of compensation may suitably be enhanced. 3. Learned counsel for respondent No. 3 would support the impugned award and submit that the compensation 4 awarded by the Claims Tribunal is just and proper and does not warrant any interference by this Court. 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. After hearing learned counsel for the parties and after going through the record, I am of the considered opinion that the appellants/claimants are entitled to additional amount of Rs. 20,000/- under loss of consortium and Rs. 1,500/- each under loss of estate as well as funeral expenses i.e. in total Rs. 23,000/-. Respondent No. 3 is directed to deposit the amount of compensation as enhanced by this Court within a period of 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 i.e. 19/09/2019 till its realization. Rest of the conditions of the impugned award shall remain intact. 6. Accordingly, this appeal is allowed to the extent indicated herein-above. Sd/- (Sanjay K. Agrawal) Judge Harneet