1 2026:CGHC:23141 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 941 of 2020 1 - Smt. Anita, Wd/o. Devendra Kumar, Aged About 37 Years, R/o. Village Fuldih, Post Jhikki, Police Station And Tahsil Bagicha, District Jashpur, Chhattisgarh. 2 - Minor Premkumar, S/o. Late Devendra Kumar, Aged About 10 Years, Minor, Represented Through Mother And Legal Guardian Smt. Anita, R/o. Village Fuldih, Post Jhikki, Police Station And Tahsil Bagicha, District Jashpur, Chhattisgarh. 3 - Minor Ku. Monika, D/o. Late Devendra Kumar, Aged About 3 Years, Minor, Represented Through Mother And Legal Guardian Smt. Anita, R/o. Village Fuldih, Post Jhikki, Police Station And Tahsil Bagicha, District Jashpur, Chhattisgarh. ................Claimants --- Appellants versus 1 - Harbhajan Ram, S/o. Jangu Ram, R/o. Tapkara, District Jashpur At Present Resident Of Village- Fuldih, Tahsil Bagicha, District Jashpur Chhattisgarh. ASHOK SAHU Digitally signed by ASHOK SAHU Date: 2026.05.15 17:05:34 +0530 2 2 - The Oriental Insurance Company Limited, Branch Office E.C. Patthalgaon, Raigarh Road, Patthalgaon, District Jashpur Chhattisgarh. --- Respondents For Appellants : Mr. Sanjeev Kumar Sahu, Advocate For Respondent No.1 : Mr. Kaushal Yadav, Advocate on behalf of Mr. C. Jayant K. Rao, Advocate For Respondent No.2 : Mr. Raj Awasthi, Advocate & MAC No. 176 of 2018 The Oriental Insurance Company Limited, Branch Office, E.C. Patthalgaon, Raigarh Road, Patthalgaon, Distt. Jashpur (Chhattisgarh) (Insurer) --- Appellant Versus 1 - Smt. Anita, Wd/o. Devendra Kumar, Aged About 37 Years, R/o. Village Fildih, Post Jhikki, R/o. Village Fildih, Post Jhikki, Police Station And Tahsil Bagicha, District Jashpur (Chhattisgarh) 2 - Minor Premkumar, S/o. Late Devendra Kumar, Aged About 10 Years, Through Natural Guardian Mother Smt. Anita, Wd/o. Devendra, R/o. Village Fildih, Post Jhikki, Police Station And Tahsil Bagicha, District Jashpur (Chhattisgarh) 3 - Minor Ku. Monika, D/o. Late Devendra Kumar, Aged About 3 Years, Through Natural Guardian Mother Smt. Anita, Wd/o. Devendra, R/o. Village Fildih, Post Jhikki, Police Station And Tahsil Bagicha, District Jashpur (Chhattisgarh) …...Claimants 3 4 - Harbhajan Ram, S/o. Jangu Ram, R/o. Tapkara, District Jashpur, Presently Residing At Village Fuldih, Tahsil Bagicha, District Jashpur (Chhattisgarh) (Owner Of Offending Vehicle) --- Respondents For Appellant : Mr. Raj Awasthi, Advocate For Respondent No.1 to 3 : Mr. Sanjeev Kumar Sahu, Advocate For Respondent No.4 : Mr. Kaushal Yadav, Advocate on behalf of Mr. C. Jayant K. Rao, Advocate (Single Bench) Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 15.05.2026 1. Against the impugned award dated 17.10.2017 passed by the learned Motor Accident Claims Tribunal, Jashpur in Claim Case No.11/2017, the insurance company has preferred MAC No. 176/2018 seeking exoneration from the liability to pay the amount of compensation whereas the claimants have preferred MAC No.941/2020 seeking enhancement of the amount under award. Since common question of law and facts are involved in both the appeals, they are clubbed together, heard together and disposed of by this common order. 2. Mr. Raj Awasthi, learned counsel for the insurance company, would submit that the deceased has borrowed the vehicle from the owner 4 of the vehicle and plied the vehicle in terms of breach of the insurance policy, therefore, the insurance company is not liable to pay the amount of compensation. 3. Mr. Sanjeev Kumar Sahu, learned counsel for the claimants, would submit that the amount of compensation awarded by the learned Claims Tribunal is not just & proper, therefore, the same deserves to be enhanced. He would further submit that the vehicle was being plied in accordance with the terms of the policy and the insurance company has not led any evidence to establish the breach of terms of the policy, therefore, insurance company is liable to pay the amount of compensation. 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and gone through the records meticulously. 5. Though the insurance company has taken a plea that the offending vehicle was being plied in terms of breach of policy, but the insurance company did not lead any evidence to establish the breach of terms of the insurance policy, therefore, liability to pay the amount of compensation has rightly been fastened upon the insurance company. As such, I do not find any merit in the appeal filed by the insurance company and accordingly, the same deserves to be and hereby dismissed. 5 6. So far as the appeal of the claimants is concerned, this Court is recomputing the compensation as below:- Heads Compensation awarded by the Claims Tribunal Compensation awarded by this Court Income as per minimum wages 50% increase in future income Rs. 5000/- per month, Rs.5000 x 12 = Rs. 60,000/- per annum Rs. 60,000 + 30,000 = Rs.90,000/- Rs. 5,167/- per month, Rs. 5,167 x 12 = Rs. 62,004/- per annum Rs. 62,004 + 31,002 = Rs. 93,006/- Future prospects Nil Add @ 40% Rs. 93,006 + 37,202 = Rs. 1,30,208/- Deduction of 1/3 towards personal expenses Rs. 90,000 – 30,000 = Rs. 60,000/- Rs. 1,30,208 – 43,402 = Rs. 86,806/- Multiplier of 15 Rs. 60,000 x 15 = Rs. 9,00,000/- Rs. 86,806 x 15 = Rs. 13,02,090/- Loss of Consortium Rs. 1,00,000/- Rs. 1,20,000/- (40,000 x 3) Loss of Estate Rs. 15,000/- Rs. 15,000/- Funeral Expenses Rs. 15,000/- Rs. 15,000/- For mental pain & suffering Rs. 20,000/- Rs, 20,000/- Total Rs. 10,50,000/- Rs. 14,72,090/- 7. In view of the aforesaid analysis, the amount of compensation of Rs. 10,50,000/- awarded by the Claims Tribunal is enhanced to Rs. 14,72,090/-. Hence, after deducting the amount of Rs. 10,50,000/-, the claimants are entitled for an additional amount of Rs. 4,22,090/-. The concerned respondent is directed to deposit the 6 amount of compensation as enhanced by this Court within a period of 45 days. The additional amount of compensation shall carry interest @ 7.5% per annum from the date of filing of claim application before the Tribunal till its realization. Rest of the conditions of the impugned award shall remain intact. 8. Accordingly, the appeal of insurance company is dismissed and the appeal of claimants is partly allowed. The impugned award is modified to the extent as indicated herein-above. Sd/- (Sanjay K. Agrawal) Ashok Judge