1 2025:CGHC:53358 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1060 of 2022 1 - Smt. Rita Devi W/o Late Ravindra Kuma Rprajapati (Pandit), Aged About 40 Years R/o Mathpara, Urkura, Post Bhanpuri, Police Station Khamtarai, Tahsil And District Raipur Chhattisgarh. 2 - Khushboo Kumari D/o Late Ravindra Kumar Prajapati (Pandit), Aged About 17 Years Legal Guardian Mother Appellant No. 1, Smt. Rita Devi, R/o Mathpara, Urkura, Post Bhanpuri, Police Station Khamtarai, Tahsil And District Raipur Chhattisgarh. 3 - Aashutosh Kumar S/o Late Ravindra Kumar Prajapati (Pandit), Aged About 15 Years Legal Guardian Mother Appellant No. 1, Smt. Rita Devi, R/o Mathpara, Urkura, Post Bhanpuri, Police Station Khamtarai, Tahsil And District Raipur Chhattisgarh. 4 - Smt. Mani Devi W/o Mudrika Prajapati Aged About 60 Years R/o Mathpara, Urkura, Post Bhanpuri, Police Station Khamtarai, Tahsil And District Raipur Chhattisgarh. HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2025.11.01 12:17:01 +0530 2 5 - Mudrika Prajapati D/o Late Devak Prajapati, Aged About 65 Years R/o Mathpara, Urkura, Post Bhanpuri, Police Station Khamtarai, Tahsil And District Raipur Chhattisgarh. ... Appellants/Claimants versus 1 - Santosh Kumar Banjare S/o Chhote Lal Banjare, Aged About 26 Years Occupation Driver, R/o Panorapara, Budgahan, Police Station Baloda, District Janjgir Champa Chhattisgarh. (Driver Of The Offending Vehicle) 2 - Anil Agrawal S/o H.U.F., Through Manager, Anil Agrawal, R/o. Gupta Gali, Agroha Marg, Korba, Tahsil And District Korba Chhattisgarh. (Owner Of The Offending Vehicle) 3 - The New India Insurance Company Limited, Through Division Office, No. 2, Jeevan Bima Marg, Pandri, Raipur, Tahsil And District Raipur Chhattisgarh (Insurer Of The Offending Vehicle). ... Respondent(s) For Appellants : Mr. Ankush Gupta on behalf of Mr. Pushpendra Kumar Patel, Advocates For Respondent No. 3 : Mr. Prasanjeet Dutta, Advocate SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 3 31.10.2025 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 of amount of compensation, challenging the impugned award dated 30/07/2022 passed by learned Additional Motor Accident Claims Tribunal, Raipur, District Raipur (C.G.) in Claim Case No. 298/2020, whereby learned Claims Tribunal has awarded a total sum of Rs. 14,89,341/- as compensation to the appellants/claimants for the death of Ravindra Kumar Prajapati, aged about 45 years, who worked as a Driver. 2. Learned counsel for the appellants/claimants would submit that in view of the decision rendered by the Supreme Court in the matter of National Insurance Company Ltd. V. Pranay Sethi1, there is an increase of 10% in other conventional heads in every three years, therefore, taking 2017 as the base year, there would be an increase of 20% in other conventional head, as such, 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 awarded by learned Claims Tribunal is just and proper and does not warrant any interference by this Court. 1 (2017) 16 SCC 680 4 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. A careful perusal of the record would show Rs. 2,53,000/- has been granted as compensation by the Claims Tribunal under the heads of loss of consortium, loss of estate and funeral expenses (other conventional heads) and in view of the decision rendered by the Supreme Court in the matter of Pranay Sethi (supra), there would be an increase of 20% taking 2017 as the base year and as such, there would be an increase of Rs. 50,600/-. 6. Thus, in light of the aforesaid discussion, this Court is computing the compensation as below:- Sr. No . Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Income Rs. 9,230/- x 12 = Rs. 1,10,760/- Rs. 9,230/- x 12 = Rs. 1,10,760/- 2. Deduction (-) 1/4 i.e. Rs. 27,690/- = Rs. 1,10,760/- (-) 1/4 i.e. Rs. 27,690/- = Rs. 1,10,760/- 3. Multiplier (x) 14 = Rs. 11,62,980/- (x) 14 = Rs. 11,62,980/- 4. Future Prospect (+) 25% i.e. Rs. 2,90,745/- = Rs. 14,53,725/- (+) 25% i.e. Rs. 2,90,745/- = Rs. 14,53,725/- 5 5. Loss of Consortium, Loss of Estate and Funeral Expenses Rs. 2,53,000/- Rs. 2,53,000/- + 20% i.e. Rs. 50,600 = Rs. 3,03,600/- Total Rs. 17,06,725/- Rs. 17,57,325/- 7. In view of the aforesaid analysis, the amount of compensation of Rs. 17,06,725/- awarded by the Claims Tribunal is enhanced to Rs. 17,57,325/-. Hence, the appellants are held entitled for an additional amount of Rs. 50,600/-. Respondent No. 3 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 @ 9% per annum from the date of filing of claim application before the Tribunal i.e. 16/03/2020 till its realization. Rest of the conditions of the impugned award shall remain intact. 8. 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 Harneet