1 2025:CGHC:49053 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 442 of 2020 1. Kunwar Ram Yadav S/o Late Shukaru Ram Yadav Aged About 48 Years Resident Of Vivekanand Colony, Ward No. 08, Tahsil And District- Jashpur Chhattisgarh, District : Jashpur, Chhattisgarh 2. Nageshwar Ram Yadav S/o Kunwar Ram Yadav Aged About 18 Years Resident Of Vivekanand Colony, Ward No. 08, Tahsil And District- Jashpur Chhattisgarh, District : Jashpur, Chhattisgarh 3. Minor Sushila Yadav S/o Kunwar Ram Yadav Aged About 14 Years Through Next Friend Her Father Namely Kunwar Ram Patel, Appellant No. 1, Resident Of Vivekanand Colony, Ward No. 08, Tahsil And District- Jashpur Chhattisgarh, District : Jashpur, Chhattisgarh ... Appellant(s) versus 1. Parmatma Ram Patel S/o Late Nilu Ram, Resident Of Prabha Sinha, Behind Nav Niraman Club Tongri Toli, Ranchi Jharkhand (Owner), District : Ranchi, Jharkhand 2. Devesh Bhagat S/o Late Ram Bhihari Ram Bhagat Aged About 25 Years Occupation- Driver, Resident Of Village- Gada Gamahriya Tahsil- Jashpurnagar, District- Jashpur Chhattisgarh (Driver), District : Jashpur, Chhattisgarh 3. Iffco Tokia General Insurance Company Limited Shop No. 205, 2nd Floor, Mm Silver Plaza, Near Mining Office, Mahaveer Nagar, Rind Road No. 1, Raipur Chhattisgarh (Insurer), District : Raipur, Chhattisgarh ... Respondent(s) Digitally signed by AJINKYA PANSARE Date: 2025.09.26 18:17:50 +0530 2 For Appellants : Mr. Divyanand Patel, Advocate on behalf of Mr. Rishikant Mahobia, Advocate For Respondent No. 3 : Mr. Pravesh Sahu, Advocate on behalf of Mr. P.R. Patankar, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board 24/09/2025 1) The appellants have preferred this appeal under Section 173 of Motor Vehicle Act, 1988 for enhancement of compensation against the award passed by learned Motor Accident Claims Tribunal – Jashpur in MACT No. 20/2019 dated 02.12.2019 whereby learned Tribunal has awarded compensation to the tune of Rs. 12,40,000/- with interest @ 6% on account of death of Smt. Gauri Yadav. 2) Facts of the present case as per claim application are that on 14.10.2018, deceased Smt. Gauri Yadav was going on motorcycle with one Rajkumar. The motorcycle was dashed by the offending vehicle [TAVERA] bearing registration No. JH-BM-1355. In the accident, she sustained grievous injuries and died during the course of treatment. In the claim application, claimants pleaded that deceased was aged about 45 years and earning Rs. 300 per day. Insurance Company filed reply ; learned Tribunal framed issues and thereafter, passed the award. 3) Learned counsel appearing for the appellants – claimants submits that learned Tribunal has rightly considered the age of deceased 3 to be 45 years ; assessed the notional income of deceased to be Rs. 9,000/- per month ; granted appropriate compensation towards future prospects ; deducted 1/3rd towards personal & living expenses of the deceased and applied multiplier of 13. He further submits that learned Tribunal has not passed award for loss of consortium in favor of children of deceased [appellants No. 2 and 3 herein]. He prays to enhance the award accordingly. 4) On the other hand, learned counsel appearing for Insurance Company submits that learned Tribunal has passed just and proper compensation. 5) Heard learned counsel for the parties and perused the record with utmost circumspection. 6) Perusal of the award impugned would show that the learned Tribunal has not granted compensation for loss of consortium in favor of children of the deceased. The accident occurred on 04.10.2018 and seven years have elapsed since, therefore in the opinion of this Court, appellants No. 2 and 3, who are children of the deceased are entitled to receive compensation for loss of consortium alongwith an additional sum of 20% according to the law laid down by the Hon’ble Supreme Court in the matter of National Insurance Company Ltd. V. Pranay Sethi1. 7) Accordingly, in addition to the amount of compensation of Rs. 12,40,000/- awarded by the Claims Tribunal, the appellants are entitled to receive an additional sum of Rs. 96,000/- towards loss 1. (2017) 16 SCC 680 4 of consortium. The Insurance Company is directed to make payment of additional compensation assessed herein-above within period of 60 days, failing which, the said amount shall carry an interest @ 18% p.a. 8) Accordingly, the appeal is allowed in part and the impugned award is modified to the extent as indicated herein-above. Sd/- Rakesh Mohan Pandey JUDGE A j i n k y a