1 2025:CGHC:59091 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1640 of 2019 1. Bhagwati Prasad Sahu S/o - Laxmi Prasad ( Father's Name Is Not Mentioned) Aged About 65 Years R/o - Village Karma, Police Station Sipat, Tahsil Masturi, District Bilaspur Chhattisgarh 2. Smt. Sahodra Bai W/o - Bhagwati Prasad Aged About 62 Years R/o - Village Karma, Police Station Sipat, Tahsil Masturi, District Bilaspur Chhattisgarh ... Appellants versus 1. Ayodhya Singh @ Ranjit Mahto S/o - Shri Prahlad Mahto Aged About 31 Years R/o - Village Hundla, Police Station Raisawa, District (Revenue And Civil) Kevlahar (Odisa) (Driver Of The Vehicle) 2. Indarmani Mineral India Private Limited, R/o - Tower C-1, 1st Floor, Ashwarya Chamber, G.E. Road Telibandha Raipur, District Raipur Chhattisgarh. (Owner Of The Vehicle) 3. The New India Insurance Company Limited, Through Divisional Manager, The New India Insurance Company Limited, Branch Office - Korba, T.P. Nagar Korba, Tahsil And District Korba Chhattisgarh. (Insurer Of Vehicle) 4. Smt. Sarita Sahu W/o - Late Girdhar Lal Sahu Aged About 34 Years R/o - Village Near Gauri - Shankar Temple Budhwari Korba, Tahsil And District (Revenue And Civil) - Korba Chhattisgarh 5. Kumari Sakshi Sahu S/o -Late Girdhar Lal Sahu Aged About 12 Years Minor Through The Mother (Nature Guardian) Appellant No.04 Smt. Sarita Sahu R/o - Village Near Gauri - Shankar Temple Budhwari Korba, Tahsil And District (Revenue And Civil) - Korba Chhattisgarh ... Respondent(s) For Appellants : Mr. Anand Kesharwani, Advocate For Respondent No. 3/ : Mr. Qamrul Aziz, Advocate Insurance Company For Respondent No. 4 & 5 : Mr. Akash Sahu, Advocate None for Respondents No. 1 & 2 : None, though served. Hon'ble Shri Justice Rakesh Mohan Pandey SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2025.12.09 11:29:19 +0530 2 Order on Board 05.12 .2025 1. The appellants/parents of the deceased have filed this appeal for enhancement of compensation assailing the award passed by the learned 2nd Additional Motor Accident Claims Tribunal, Korba in Claim Case No. 96/2017 dated 02.03.2019, whereby the learned Tribunal has granted compensation to the tune of Rs. 16,45,000/- with interest at the rate of 7% per annum on account of death of Girdhar Lal Sahu. 2. Mr. Anand Kesharwani would submit that on the fateful date i.e. 21.08.2017 Girdhar Lal Sahu being a driver of Truck bearing registration No. CG 12 AQ 9199 was going towards Katni and at around 4:45 pm near Baira Pahadi turn driver of the offending Truck bearing registration No. CG 04 LV 0197 by driving it rashly and negligently dashed the Truck of the deceased, resultantly, Girdhar Lal Sahu sustained injuries and died on the spot. He would contend that the claim case was filed by wife and minor child of deceased and the parents were impleaded as respondents No. 4 and 5, wherein they pleaded that at the time of accident age of the deceased was 42 years and earning Rs. 16,000/- & they claimed a sum of Rs. 69,10,000/-. He would contend that Insurance Company filed reply and denied the averments made in the claim petition. Mr. Kesharwani would contend that the parents of the deceased supported the claim case. He would contend that the learned Tribunal framed issues, parties led evidence, and thereafter, award was passed, but the learned Tribunal granted a fixed compensation of Rs. 1,00,000 – 1,00,000/- to the parents, whereas being parents of the deceased they were entitled to get at least 30% of total amount of compensation. He would further contend that the learned Tribunal has not granted compensation for loss of consortium to parents and one of the claimants. 3 He would pay to modify the award accordingly. 3. On the other hand, learned counsel appearing for Insurance Company would oppose and submit that the learned Tribunal has granted just and proper compensation and appeal deserves to be dismissed. 4. Mr. Akash Sahu, Advocate appearing for respondents No. 4 and 5 would submit that the parents are aged about 65 years – 62 years and they have sufficient source of income, therefore, the learned Tribunal granted compensation of Rs. 1,00,000 – 1,00,000/- to each of them and the appeal deserves to be dismissed. 5. I have heard learned counsel for the parties and perused the record with utmost circumspection. 6. Perusal of the award would show that the learned Tribunal has not granted compensation to one of the claimants and parents for loss of consortium. The date of accident is 21.08.2017 and more than 6 years have passed; therefore, the parents and one of the claimants shall be entitled to get Rs. 48,000 – 48,000/- each for loss of consortium i.e. Rs. 1,44,000/-. 7. With regard to apportionment of compensation, the learned Tribunal has granted Rs. 1,00,000 – 1,00,000/- to the parents and remaining amount out of 16,45,000/- to wife & daughter of the deceased. The parents are Class I heir according to Hindu Succession Act, and therefore, they have right to get fair and reasonable compensation. It is true that the wife of the deceased was aged about 34 years at the time of accident and she has no independent source of income & she has to take care of her minor daughter. The age of the father of the deceased was 65 years and age of mother was 62 years at the time of filing of claim petition and it can be presumed that they were dependant on the income of the deceased. Looking to the age and liability of widow and the parents of the deceased, 4 the learned Tribunal should have apportioned the compensation at the ratio of 70:30 between widow & daughter and parents of the deceased. 8. Fall out of the above discussion is that the parents shall be entitled for an additional sum of Rs. 96,000/- for loss of consortium; one of the claimants shall be entitled for an additional sum of Rs. 48,000/- for loss of consortium with interest at the rate of 7% per annum from date of application till its realization. Further, the learned Tribunal shall apportion the compensation between wife & daughter (claimants) and parents of the deceased in ratio of 70 : 30. The Insurance company is directed to deposit the enhanced amount of compensation within a period of 60 days from the date of receipt of copy of this order. The appellants shall not be entitled to receive any interest for the period of delay caused in filing this appeal. 9. With the aforesaid observation(s), the instant appeal is hereby disposed of. Sd/- (Rakesh Mohan Pandey) Judge $iddhant