1 MAC No. 1442 of 2022 2025:CGHC:59258 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1442 of 2022 1.Smt. Arshi Nikahat W/o Late Shri Mohd. Abuzar Ayyubi, Aged About 35 Years; 2.Aqib Raza S/o Late Shri Mohd. Abuzar Ayyubi, Aged About 11 Years; 3.Altamash Ayyubi S/o Late Shri Mohd. Abuzar Ayyubi, Aged About 5 Years; Appellants No. 2 & 3 are Minor Children Being Represented By Appellant No. 01 Mother In Relationship, All the above are R/o - Ward No. - 13, Near Raza Masjid, Police Station - Mahasamund, Tahsil and Civil District and District Mahasamund, Chhattisgarh. ... Appellants versus 1.Rajat Chandrakar S/o Shri Shatrughan Chandrakar, Aged About 32 Years, R/o- Village - Parsada, Police Station Mahasamund, Tahsil And District – Mahasamund, Chhattisgarh (Driver Of Truck No. C.G. - 04/MR/1680). 2.Aashish Kumar Soni S/o Shri Mangal Prasad Soni, Aged About 29 Years R/o- Santoshi Nagar, Krishna Colony Nahar Road, Police Station - Raipur ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH Date: 2025.12.05 17:57:44 +0530 2 MAC No. 1442 of 2022 Police Station - Tikarapara, District - Raipur Chhattisgarh (Owner Of Truck No. C.G.-04/MR/1680). 3.H.D.F.C. Ergo General Insurance Company Limited, Divisional - Office - Devendra Nagar Tiraha, Chowla Complex, Raipur, District - Raipur (C.G.) (Ins. Com. Of Truck No. C.G.-04/MR/1680). ... Respondents For Appellants :- Mr. Jameel Akhtar Lohani, Advocate. For Respondent No.3 :- Mr. Harshmander Rastogi, Advocate, on behalf of Mr. N.K. Thakur, Advocate. SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 05.12.2025 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 06.04.2022 passed by the 1st Additional Motor Accident Claims Tribunal, Mahasamund, Chhattisgarh (for short “Claims Tribunal”) in Claim Case No. H-02/2020 whereby learned Claims Tribunal has awarded a sum of 42,90,000/- ₹ as 3 MAC No. 1442 of 2022 compensation along with interest for death of Mohd. Abuzar Ayyubi. 2.Mr. Jameel Akhtar Lohani, learned counsel for the appellants, would submit that learned Claims Tribunal has erred in awarding less amount of compensation in the facts of the case. He would also submit that under the head of loss of consortium the Claims Tribunal has awarded the amount 60,000/-, whereas, the same ₹ will be 1,20,000/-, as such, 60,000/- is ₹ ₹ liable to be enhanced under the head of loss of consortium, therefore, the instant appeal be allowed and the compensation awarded by the Claims Tribunal may suitably be enhanced. 3.Mr. Harshmander Rastogi, learned counsel for the Insurance Company/respondent No.2, would not oppose the prayer made by learned counsel for the appellants. 4.I have heard learned counsel for the parties, considered their rival submissions made herein- above and gone through the records meticulously. 4 MAC No. 1442 of 2022 5.The Claims Tribunal has awarded 60,000/- under ₹ the head of loss of consortium, whereas, ₹1,20,000/- should be awarded by the Claims Tribunal under the head of loss of consortium. As such, the appellants are held to be entitled to an additional amount of 60,000/- ₹ ( 1,20,000-60,000) ₹ . The concerned respondent 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 @ 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. 6.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