1 CGHC010128372025 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 969 of 2025 1 - Smt. Kritiki Bai Wd/o Lt. Bhuveneshwar Sahu Aged About 30 Years R/o- Village Mandap Para Narra, Ward No. 8, Post- Barahi, Distt. Balod (C.G.) 2 - Kumari Ishani D/o Lt. Bhuveneshwar Sahu Aged About 7 Years Minors Are Through Natural Guardian Mother Smt. Kritiki Bai Wd/o Lt. Bhuveneshwar Sahu, Age 30 Years, R/o- Village Mandap Para Narra, Ward No. 8, Post- Barahi, Distt. Balod (C.G.) 3 - Chaitanya S/o Lt. Bhuveneshwar Sahu Aged About 5 Years Minors Are Through Natural Guardian Mother Smt. Kritiki Bai Wd/o Lt. Bhuveneshwar Sahu, Age 30 Years, R/o- Village Mandap Para Narra, Ward No. 8, Post- Barahi, Distt. Balod (C.G.) 4 - Kewal Ram S/o Lt. Shri Pardesi Ram Aged About 65 Years R/o- Village Mandap Para Narra, Ward No. 8, Post- Barahi, Distt. Balod (C.G.) 5 - Smt. Kumari Bai W/o Lt. Shri Keval Ram Aged About 62 Years R/o- Village Mandap Para Narra, Ward No. 8, Post- Barahi, Distt. Balod (C.G.) ... Appellant(s) versus 1 - Trajay Kumar S/o Shri Rohit Kumar Aged About 24 Years R/o- Village Bharda, Thana Gurur, Distt.- Balod (C.G.) 2 - Chandrakant Ganjir S/o Shri Maheshu Ram Ganjir R/o- Ward No. 15, Gandhi Chowk, Dhobanpuri, Thana- Gurur, Distt.- Balod, (C.G.) 2 3 - Chola Mandalam Ms General 2nd Floor, Simran Tower, Pandri Road, Opposite Lic Building, Raipur (C.G.) ... Respondent(s) For Appellant(s) : Ms. Shruti Shrivastava, Advocate. For Respondent No.1 & 2 : None. For Respondent No.3 : Mr. Prashant Sahu, Advocate. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board (21.08.2026) 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short the "Act of 1988") has been preferred by the appellants/claimants seeking enhancement of the amount of compensation, challenging the impugned award dated 28.09.2024, passed in Claim Case No.260/2024, whereby the learned Claims Tribunal has awarded a total sum of Rs.28,80,000/- as compensation for the death of Late Bhuneshwar, who died in a road accident which took place on 05.02.2024. 2. Learned counsel for the appellants submits that the learned Claims Tribunal has awarded inadequate amounts under the other conventional heads. He further submits that the claim petition was filed by five claimants, (the wife, two children, father and mother), but the consortium was awarded to only three of them. Accordingly, the amount under the head of consortium deserves to be suitably enhanced in view of the judgment of the Hon’ble Supreme Court in National Insurance Company Ltd. v. Pranay Sethi & Ors., reported in (2017) 16 SCC 680. 3. None for respondent No.1 & 2. 3 4. Mr. Prashant Sahu, learned counsel for respondent No.3/Insurance Company supporting the impugned award submits that the learned Claims Tribunal has awarded just and proper compensation, which needs no interference by this Court. 5. I have heard learned counsel appearing for the appellants and respondent No.3 & perused the record of the Tribunal, including award impugned. 6. Upon perusal of the impugned award, it is evident that the learned Claims Tribunal has awarded Rs.18,000/- towards loss of estate, Rs.18,000/- towards funeral expenses, Rs.48,000/- towards spousal consortium to appellant No.1, Rs.48,000/- towards parental consortium to appellant Nos.2 & 3 jointly, and Rs.48,000/- towards filial consortium to appellant Nos. 3 & 4 jointly, aggregating to Rs.1,80,000/- under the conventional heads. While awarding the aforesaid amounts, the Tribunal has not awarded any amount towards parental consortium and filial consortium to one of the children and parents. Thus, the award under the head of consortium is liable to be enhanced by granting appropriate compensation to the concerned child and parent, in terms of the principles laid down in Pranay Sethi (supra). Accordingly, the amount payable towards consortium is enhanced to Rs.2,40,000/-, i.e., Rs.48,000/- each to the five claimants. 7. Thus, the compensation payable under the conventional heads is recomputed as under :- S.No. Heads Awarded by the Tribunal Awarded by this Court 01. Towards Loss of consortium to all the 5 claimants Rs.1,44,000/- Rs. 48,000x5 = Rs.2,40,000/- Total Rs. 1,44,000/- Rs. 2,40,000/- 4 8. Since, the learned Tribunal has already awarded Rs.1,44,000/- under the conventional heads, the appellants become entitled to an additional sum of Rs.96,000/- (Rs.2,40,000 – 1,44,000) under the said head. 9. In the result, the appeal is partly allowed. The claimants/appellants shall be entitled to get Rs. 96,000/- in addition to what is already awarded by the claims Tribunal. The enhanced amount shall carry interest @ 6% from the date of filing of the claim petition before the Tribunal till its realization. The impugned award stands modified to the above extent and rest of the conditions shall remain intact. 10. The Registry is further directed to communicate the claimants in writing “the enhanced amount” in this appeal as against the award made by the Tribunal below. The said communication be made in Hindi Deonagri language and the help of paralegal workers may be availed with a co-ordination of Secretary, Legal Aid of the concerned area wherein the claimants resides. Sd/- (Sanjay Kumar Jaiswal) Judge Pekde Digitally signed by VIJAY BHARATRAO PEKDE Date: 2026.08.25 18:37:42 +0530