1 2026:CGHC:24757 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1935 of 2023 1 - Smt. Pyari Bai Sahu W/o Shri Bisanlal Sahu Aged About 46 Years R/o House No. 134, Ward No. 13, Basti Para, Village- Temri, Deopuri, Raipur, District - Raipur, C.G. (Applicants/claimants) 2 - Shri Bisanlal Sahu S/o Shri Birikhram Sahu Aged About 50 Years R/o House No. 134, Ward No. 13, Basti Para, Village- Temri, Deopuri, Raipur, District - Raipur, C.G. (Applicants/claimants) 3 - Kumari Bharti Sahu D/o Shri Bisanlal Sahu Aged About 20 Years R/o House No. 134, Ward No. 13, Basti Para, Village- Temri, Deopuri, Raipur, District - Raipur, C.G. (Applicants/claimants) ... Appellant(s) versus 1 - Animesh Chakravorti S/o Shri Akhil Chakravorti Aged About 36 Years R/o Ward No. 10, Bade Bacheli, Nagar Palika, South Bastar, Dantewada, District- Dantewada C.G. (Non- Applicant No. 1) (Driver And Registered Owner Of Vehicle Truck Bearing Registration No. C.G./18/k/0976) 2 - The Oriental Insurance Company Limited Through Divisional Manager, Divisional Office, Near Prakash Swimming Pool, Pachpedi Naka, Raipur, District - Raipur C.G. (Non- Applicant No. 3) (Insurer Of Vehicle Truck Bearing Registration No. C.G./18/k/0976) ... Respondent(s) 2 For Petitioner(s) : Ms. Pooja Yadav, Advocate For Respondent No.2 : Shri H.P.Agrawal, Advocate ({Hon’ble Shri Justice Sachin Singh Rajput}) Order on Board 18/06/2026 With the consent of the parties, the matter is heard finally. This is an appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “M.V.Act”) seeking enhancement of compensation in favour of the appellants/claimants passed by the 7th Additional Motor Accident Claims Tribunal, Raipur, C.G. in Claim Case No.216/2022 on 26/02/2023. 2. The appellants/claimants had filed an application under Section 166 of the M.V.Act seeking compensation on account of death of Vishwanath Sahu in an accident that occurred on 31/01/2022 by rash and negligent driving of the offending vehicle Truck bearing registration No.CG 18 K 0976 driven and owned by respondent No.1 and insured with respondent No.2. 3. The appellants/claimants are the parents and sibling of the deceased– Vishwanath Sahu. As per pleadings, the deceased was working as Jio Fibre Engineer in Quis Corporation Ltd. Company and was earning Rs.15,906/- per month. Thus, compensation of Rs.42,50,000/- was claimed. The application was resisted by the respective respondents by filing their written statement including insurance company taking a plea of violation of the terms and conditions of the insurance policy. Tribunal having framed issues decided the same in favour of the appellants/claimants and awarded compensation of Rs.22,80,697/-. 4. Learned counsel for the appellants/claimants submits that though the income of the deceased which has been proved, has been accepted by the claims Tribunal and proper addition of future prospects has also been made, however, less amount of compensation has been awarded under other admissible heads. Thus, compensation may be enhanced. 5. Learned counsel for respondent No.2 supports the impugned award and submits that just compensation has been awarded. 3 6. Heard learned counsel for the parties and perused the record. 7. The assessment of income; addition of future prospects; reduction for personal expenses; application of multiplier has rightly been made by the learned Claims Tribunal. However, learned Claims Tribunal has only awarded compensation of Rs.70,000/- for loss of consortium, loss of estate and funeral expenses. The accident had occurred on 31/01/2022. Thus, instead of Rs.70,000/-, this Court is inclined to award Rs.16,500+16,500+48,000/- totaling Rs.81,000/- to appellants No.1 and 2 and Rs.40,000/- to the sister of the deceased, totaling Rs.1,21,000/- (81000+40000). After deducting Rs.70,000/- from Rs.1,21,000/-, Rs.51,000/- is awarded to the appellants/claimants to be deposited by the insurance company within a period of 60 days failing which interest @ 6% from the date of filing of the appeal would be payable by it. On deposit being made, learned Tribunal shall pass appropriate order with regard to disbursement/apportionment. 8. The appeal, thus, partly allowed. Sd/- ({Sachin Singh Rajput}) JUDGE Deepti DEEPTI HARIKUMAR Digitally signed by DEEPTI HARIKUMAR Date: 2026.06.22 14:41:33 +0530