1 2025:CGHC:55453 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1218 of 2022 1 - Usha Chouhan W/o Bhushan Lal Chouhan Aged About 39 Years R/o Village Banipathar Kharsiya, Tahsil And Police Station Kharsiya, District : Raigarh, Chhattisgarh 2 - Bhushan Lal Chouhan S/o Bulau Ram Chouhan Aged About 40 Years R/o Village Banipthar Kharsiya, Tahsil And Police Station Kharsiya, District : Raigarh, Chhattisgarh ... Appellants/Claimants versus 1 - Prem Singh Uike S/o Chhedi Lal Uike Aged About 35 Years R/o Villag T.V. Tower Road, Chakardhar Nagar Raigarh Tahsil And, District : Raigarh, Chhattisgarh 2 - Pushpanjali Sao S/o Rajkuymar Sao Aged About 40 Years Ward No. 24 Beladula Raigarh Tehsil And, District : Raigarh, Chhattisgarh 3 - Banch Manager New India Insurance Company Ltd. Raigarh Kewadabadi Bus Stand Raigarh Tehsil And, District : Raigarh, Chhattisgarh ... Respondent(s) HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2025.11.14 14:08:47 +0530 2 For Appellants : Mr. R.K. Banjare, Advocate For Respondent No. 2 : Mr. Ratnesh Singh Tandan on behalf of Mr. Suresh Verma, Advocate For Respondent No. 3 : Mr. Qamrul Aziz, Advocate SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 13.11.2025 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 21/12/2021 passed by learned 2nd Motor Accident Claims Tribunal, Raigarh (C.G.) in Claim Case No. 43/2020, whereby learned Claims Tribunal has awarded a total sum of Rs. 15,54,675/- as compensation to the appellants/claimants for the death of Deepak Kumar Chouhan, aged about 20 years and worked as a Vegetable Vendor. 2. Learned counsel for the appellants/claimants would submit that the Claims Tribunal has erred in granting Rs. 5,000/- under love and affection whereas both the appellants/claimants, being the parents of the deceased, are entitled for Rs. 44,000/- each under loss of filial 3 consortium, therefore, the compensation amount 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. 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 that the Claims Tribunal has granted Rs. 5,000/- under love and affection, however, appellants are entitled for compensation of Rs. 88,000/- under the said head. 6. Thus, in light of the aforesaid discussion, and in light of the judgments of the Supreme Court rendered in the matters of National Insurance Company Ltd. V. Pranay Sethi1, Sarla Verma & Ors. Vs. Delhi Transport Corporation & Ors2 and Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram & Ors 3 , this Court is computing the compensation as below:- 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 4 Sr. No . Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Income Rs. 8,860.02/- x 12 = Rs. 1,06,320.24/- Rs. 8,860.02/- x 12 = Rs. 1,06,320.24/- 2. Deduction (-) 1/2 = Rs. 53,160.12/- (-) 1/2 = Rs. 53,160.12/- 3. Future Prospect (+) 40% i.e. Rs. 21,264.048/- = Rs. 74,424.168/- (+) 40% i.e. Rs. 21,264.048/- = Rs. 74,424.168/- 3. Multiplier (x) 18 = Rs. 13,39,635.024/- (x) 18 = Rs. 13,39,635.024/- 4. Medical Expenses Rs. 1,65,040/- Rs. 1,65,040/- 5. Transportation Rs. 10,000/- Rs. 10,000/- 6. Love and Affection Rs. 5,000/- Rs. 88,000/- - Rs. 5,000/- = Rs. 83,000/- 7. Loss of Estate Rs. 15,000/- Rs. 15,000/- 8. Funeral Expenses Rs. 15,000/- Rs. 15,000/- 9. Pain and Suffering Rs. 5,000/- Rs. 5,000/- Total Rs. 15,54,675/- Rs. 16,37,675/- 7. In view of the aforesaid analysis, the amount of compensation of Rs. 15,54,675/- awarded by the Claims Tribunal is enhanced to Rs. 16,37,675/-. Hence, the claimants are held entitled for an additional amount of Rs. 83,000/-. 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 5 interest @ 6% per annum from the date of filing of claim application before the Tribunal i.e. 19/11/2020 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 Harneets