Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:15028
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 983 of 2020 1 - Purushottam Dewangan, S/o. Late Chhabila Dewangan, Aged About 59 Years, R/o. Shiv Para, Murum Khadan, Farid Nagar, Supela, Bhilai, District Durg, Chhattisgarh. 2 - Jhali Ram Dewangan, S/o. Purushottam Dewangan, Aged About 33 Years, R/o. Shiv Para, Murum Khadan, Farid Nagar, Supela, Bhilai, District Durg Chhattisgarh. 3 - Naresh Kumar Dewangan, S/o. Purushottam Dewangan, Aged About 37 Years, R/o. Shiv Para, Murum Khadan, Farid Nagar, Supela, Bhilai, District Durg Chhattisgarh. 4 - Shanti Bai, W/o. Dhalendra Kumar, Aged About 35 Years, R/o. Shiv Para, Murum Khadan, Farid Nagar, Supela, Bhilai, District Durg Chhattisgarh.
... Appellants versus 1 – Ramkhilawan, S/o. Sitaram Singh, Aged About 48 Years, R/o. Nearby Swaroop Talkies, Awal Chal, Police Station Mohan Nagar, Durg, District Durg Chhattisgarh. (Driver of Matador No.C.G.07-CA-4691) ASHOK SAHU Digitally signed by ASHOK SAHU Date: 2026.04.01 18:02:10 +0530
2 2 - Anuwal Haq Khan, S/o. Hawaldar Khan, R/o. Qtr. No. 6/B, Sadak No. 38, Sector-7, Bhilai, District Durg Chhattisgarh. (Owner of Matador No.C.G.07-CA-4691) 3 – Manager, Shriram General Insurance Company, Address - Maruti Heights, Beside Maruti Show Room, Raipur, District Raipur Chhattisgarh. (Insurer of Matador No.C.G.07-CA-4691)
... Respondents For Appellants : Mr. Vinod Kumar Sharma, Advocate on behalf of Mr. Ajay Shrivastava, Advocate For Respondents No.1 & 2 : Mr. Jitendra Gupta, Advocate For Respondent No.3 : Mr. Utsav Mahiswar, Advocate (Single Bench) Hon'ble Shri Justice Sanjay K. Agrawal
Order on Board 01.04.2026
1. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellants/ claimants seeking enhancement of the amount of compensation, challenging the impugned award dated 28.01.2020 passed by learned Sixth Additional Motor Accident Claims Tribunal, Durg, in Claim Case No.514/2018.
2. Mr. Vinod Kumar Sharma, learned counsel appearing for the appellants/claimants would submit that the appellants No.2, 3 & 4
3 being children of the deceased are entitled for parental consortium of Rs. 40,000/- each i.e. Rs. 1,20,000/- along-with interest.
3. Mr. Jitendra Gupta, learned counsel appearing for the respondents No.1 & 2 (driver & owner of the offending vehicle) and Mr. Utsav Mahiswar, learned counsel appearing for the respondent No.3 (insurance company) would oppose the submission made by the
learned counsel for the appellants/claimants.
4. After hearing learned counsel appearing for the parties and after going through the records, it appears that parental consortium has not been granted to the appellants/claimants No.2, 3 & 4 being the sons & daughter of the deceased. Therefore, an amount of Rs. 40,000/- x 3 = Rs. 1,20,000/- is awarded under the head of parental consortium.
5. In view of the above, the amount of compensation of Rs. 4,33,000/- awarded by the Claims Tribunal is enhanced to Rs. 5,53,000/-. The appellants/claimants No.2, 3 & 4 are also entitled for an amount of Rs. 1,20,000/- towards parental consortium in addition to the amount already awarded by the learned Claims Tribunal. The concerned respondent is directed to deposit the amount of compensation as enhanced by this Court within a period of 45 days from the date of receipt of copy of this order. The additional amount of compensation shall also carry interest @ 9% per annum from the date of filing of claim application before the Tribunal till its
4 realization. Rest of the conditions of the impugned award shall remain intact.
6. Accordingly, the appeal is partly allowed and the impugned award is modified to the extent as indicated herein-above.
Sd/- (Sanjay K. Agrawal) Judge Ashok