115 pt 2026:CGHC:21942 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1034 of 2020 1 - Shri Dharmendra Kumar Kurre S/o Shri Dinnik Kurre Aged About 34 Years Resident Village Temri , Post Temri Tahsil Navagarh, Thana Nandghat District Bemetara Chhattisgarh., District : Bemetara, Chhattisgarh 2 - Kumari Vibhuti Kurre D/o Shri Dharmendra Kumar Kurre Aged About 5 Years Minor Through As Amicus Curiae Shri Dharmendra Kumar Kurre, Resident Village Temri , Post Temri Tahsil Navagarh, Thana Nandghat District Bemetara Chhattisgarh., District : Bemetara, Chhattisgarh 3 - Shri Dinnik Kurre S/o Late Suklal Kurre Aged About 62 Years Resident Village Temri , Post Temri Tahsil Navagarh, Thana Nandghat District Bemetara Chhattisgarh., District : Bemetara, Chhattisgarh 4 - Smt. Rupoutin Kurre W/o Shri Dinnik Kurre Aged About 58 Years Resident Village Temri , Post Temri Tahsil Navagarh, 215 pt Thana Nandghat District Bemetara Chhattisgarh., District : Bemetara, Chhattisgarh ... Appellant(s) versus 1 - Bir Singh Kundare S/o Munna Lal Kundare Aged About 36 Years Address Village Bahesir , Thana Dharsiva, Siltara District Raipur Chhattisgarh. (Driver Of The Offending Vehicle Mazda No. C.G.04/j.C./1262) (Driver), District : Raipur, Chhattisgarh 2 - Gurumukh Das Contracture Private Limited Through Director / In Charge Officer, D-83, Sector 5 Devendra Nagar, Raipur , District Raipur Chhattisgarh. (Owner Of The Offending Vehicle Mazda No. C.G. 04/j.C./1262) (Owner), District : Raipur, Chhattisgarh 3 - Liberty Videocon General Insurance Company Limited Through Branch Manager , Low Officer, 1(A) And 1(B) 2nd Floor Shyam Plaza , Pandri Main Raod Pandri Tahsil City And District Raipur Chhattisgarh. (Insurer Of The Offending Vehicle Mazda No. C.G. 04/j.C./1262) (Insurer), District : Raipur, Chhattisgarh ... Respondent(s) For Appellant(s) : Mr. A.L. Singroul, Advocate For Respondents No. 1 and 2 : Mr. Mayank Kumar, Advocate For Respondent No. 3 : Mr. Harshmandar Rastogi, Advocate 315 pt SB - Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 11.05.2026 1. This appeal under Section 173 of the Motor Vehicle Act, 1988 has been preferred by the appellants/claimants seeking enhancement of compensation, challenging the impugned award dated 08/11/2019 (Annexure A/1) passed by learned 8th Additional Motor Accident Claims Tribunal, Raipur in Claim Case No. 333/2017 whereby compensation of Rs. 44,84,686/- has been awarded in favour of the appellants/claimants for the death of Vishakha Kurre. 2. Learned counsel for the appellants/claimants would submit that the Claims Tribunal have erred in making 1/3rd deduction towards personal expenses instead of 1/4th holding that appellants/claimants No. 3 and 4, who are father-in-law and mother-in-law of the deceased, would not be her legal representatives and dependents, which is absolutely perverse and bad in law in view of the decision rendered by the Supreme Court in the matter of N. Jayasree and others v. Cholamandalam MS 415 pt General Insurance Co. Ltd.1. Moreover, the Claims Tribunal has only granted Rs. 40,000/- under loss of consortium whereas it ought to have granted Rs. 40,000/- x 4 = 1,60,000/-, therefore, the amount of compensation may suitably be enhanced. 3. Learned counsel for respondents would support the impugned award and submit that the compensation awarded by the Claims Tribunal is just and proper and does not warrant any interference by this Court. 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the record with utmost circumspection. 5. A careful perusal of the award would show that the Claims Tribunal has made 1/3rd deduction towards personal expenses of the deceased holding that appellants/claimants No. 3 and 4, being father-in-law and mother-in-law of the deceased, would not be her legal representatives and dependents. 6. The Supreme Court, in the matter of N. Jayasree (supra), where there was evidence that mother-in-law 1 (2022) 14 SCC 712 515 pt was residing with deceased and she was dependent on the deceased for her shelter and maintenance, treated her as dependent of the deceased and deducted 1/4th towards personal expenses. 7. Thus, in view of the aforesaid discussion, this Court is calculating the compensation as stated below :- Heads of Compensation Compensation awarded by the Tribunal Compensation awarded by this Court Income Rs. 12,955/- x 12 = Rs. 1,55,460/- Rs. 12,955/- x 12 = Rs. 1,55,460/- Future Prospect (+) 50% i.e. Rs. 77,730/-= Rs. 2,33,190/- (+) 50% i.e. Rs. 77,730/-= Rs. 2,33,190/- Deduction (-) 1/3 i.e. Rs. 77,730/- = Rs. 1,55,460/- (-) i.e. ¼ Rs. 58,297/- = Rs. 1,74,893/- Multiplier (x) 17 = Rs. 26,42,820/- (x) 17 = Rs. 29,73,181/- Medical Expense Rs. 17,71,866/- Rs. 17,71,866/- Loss of Consortium Rs. 40,000/- Rs. 40,000/- x 4 = Rs. 1,60,000/- Loss of Estate Rs. 15,000/- Rs. 15,000/- Funeral Expense Rs. 15,000/- Rs. 15,000/- Total Rs. 44,84,686/- Rs. 49,35,047/- 615 pt 7. In view of the aforesaid analysis, the amount of compensation of Rs. 44,84,686/- awarded by the Claims Tribunal is enhanced to Rs. 49,35,047/-. Hence, the claimants are held entitled for an additional compensation of Rs. 4,56,361/-. Respondent No. 3/Insurance Company is directed to deposit the amount of compensation as enhanced by this Court within a period of 3 months from the date of receipt of copy of this order. The additional amount of compensation shall carry interest @ 8% per annum from the date of filing of claim application before the Tribunal i.e. 17.05.2017 till its realization. Rest of the conditions of the impugned award shall remain intact. 8. Accordingly, the impugned award is modified and the instant appeal is allowed to the extent indicated herein- above. Sd/- (Sanjay K. Agrawal) Judge Harneet