1 2025:CGHC:25987 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1683 of 2017 1 - Ram Snehi Sahu, S/o Late Aajuram Aged About 50 years, 2 - Smt. Shakun, W/o Ram Snehi, Aged About 45 years, 3 - Ku. Rekha Sahu, Aged About 17 years, D/o Ram Snehi Sahu. App No 3 is a minor, through: Natural Guardian All R/o Village Mohtara (Teli), P.S. and Tah: Lormi, Distt. Mungeli (C.G.) ... Appellants versus 1 – Deendayal S/o Shri Goutam Kumar, Aged About 22 years, R/o Village- Mohtara (Teli), P.S. and Tah: Lormi, Distt. Mungeli(C.G.) (Driver of offending vehicle Motor Cycle bearing registration No. C.G. -28/9022) 2 - Bhagwan Singh, S/o Goutam Kumar Jaiswal, R/o Quarter no. 33, School Para, Village-Mohtara, (Teli), Lormi, Distt. Mungeli(C.G.) 3 - I.C.I.C.I. Lombard General India Insurance Co. Ltd., I.C.I.C.I. Lombard House 414, Veer Sawarkar Marg, Near Sidhhi Vinayak Mandir, Prabha Devi Mumbai, 400025 Through: the Branch Manager, I.C.I.C.I. Lombard General India Insurance Co. Ltd. Branch Office- Vanijya Bhavan, Devendra Nagar Road, Raipur, Tah: and Distt. Raipur (C.G.) (Insurance Company of offending vehicle Motor Cycle bearing registration No. CG - 28/9022) ... Respondents For Appellants : None For Respondents : None 2 Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 19/06/2025 1. This is an appeal by the claimants against the award dated 31.3.2017 passed by the Additional Motor Accidents Claims Tribunal, Mungeli in Claim Case No.H-56 of 2015, in which the Claims Tribunal has granted compensation of Rs.7,54,000 to the claimants fastening liability upon the driver, owner and insurer of the offending vehicle, i.e., the respondents herein to satisfy the award jointly and severally. 2. Case, in short, is that on 29.3.2015, at about 8 p.m., deceased Dushyant Sahu was coming from Village Kanchanpur to Village Mohtara. When he reached near Village Chorhagaon, respondent No.1/driver of the offending motorcycle bearing registration No.CG 28/9022 by riding the vehicle rashly and negligently dashed deceased Dushyant Sahu, as a result of which, the deceases suffered grievous injuries and died on the spot. 3. Today, when the matter was called, there was no appearance on behalf of either the appellants or the respondents. The Court, however, deems it proper to dispose of the matter on merits considering the nature of the claim and the settled law. 4. On a perusal of the award, it is noted that the Claims Tribunal has failed to award consortium to appellants No.2 and 3, who are the 3 dependents of the deceased. Only appellant No.1 (father of the deceased) has been granted consortium. This omission is contrary to the settled principles laid down by the Hon’ble Supreme Court in Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram & Ors., (2018) 18 SCC 130, where it has been held that each dependent is entitled to filial/parental/spousal consortium and not merely one parent. 5. Accordingly, the appellants No.2 and 3 are entitled to Rs.48,000 each (including 10% increase for every three years over the base amount of Rs.40,000), totaling Rs.96,000, under the head of consortium. Sn. Heads Calculation 1. Loss of Dependency Rs.7,29,000/- 2. Funeral Expenses (With 10% increase in every three years) Rs.18,000/- 3. Loss of Estate (With 10% increase in every three years) Rs.18,000/- 4. Loss of Consortium (With 10% increase in every three years) Rs.48000 x 2 = Rs.96,000/- Total : Rs. 8,61,000 6. Consequently, the total compensation awarded to the appellants is enhanced from Rs.7,54,000/- to Rs.8,61,000/- (Rs.7,54,000/- + Rs.1,07,000/-). 4 7. The enhanced amount of Rs.1,07,000/- shall carry interest at the rate of 6% per annum from the date of filing of the claim petition till its actual realization. 8. The liability to pay the enhanced compensation shall also be joint and several upon respondent Nos.1 to 3 (driver, owner, and insurer of the offending vehicle). 9. The Registry is directed to intimate the claimants in writing regarding the enhanced amount. Sd/- (Amitendra Kishore Prasad) JUDGE Gopal Singh/Saxena ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA