1 CGHC010384132019 2026:CGHC:28039 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 2301 of 2019 1 - Neeta Garg W/o Anant Ram Garg Aged About 56 Years Occupation House Wife, R/o Near Railway Station, Bishrampur, Tahsil And District Surajpur Chhattisgarh. --- Appellant versus 1 - Mohd. Haseeb S/o Abdul Gaffar Aged About 38 Years Caste Musalman, Occupation Transporting, R/o Mahamaya Road, Jarhagarh Ambikapur, District Surguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh 2 - Mohd. Iqbal S/o Mohd. Safeeq Aged About 23 Years Occupation Driver, Caste Musalman, R/o Village Shardapur (Bartikala) Police Station Chalgali, District Balrampur Chhattisgarh., District : Balrampur, Chhattisgarh 3 - H.D.F.C. General Insurance Company Limited Through The Branch Manager, Branch Office 1st Floor, Khasra No. 730/2, D-2, Phase No. 22, Ward No. 30 Rani Laxmi Nagar, Near Rama Magneto Malll And Indusind Bank, Bilaspur Chhattisgarh. Pin 495001., District : Bilaspur, Chhattisgarh 2 4 - Smt. Ankita Mishra @ Jagriti Mishra D/o Jai Prakash Mishra Aged About 24 Years Occupation Service, R/o Near Family Court, Jashpur, District Jashpur Chhattisgarh. (Claimant), District : Jashpur, Chhattisgarh --- Respondent(s) MAC No. 2105 of 2019 1 - Deleted (Anant Ram Garg) As Per Honble Court Order Dated 14- 10-2020 2 - Neeta Garg W/o Anant Ram Garg Aged About 56 Years Occupation House Wife, R/o Near Railway Station, Bishrampur, Tahsil And District Surajpur, Chhattisgarh., District : Surajpur, Chhattisgarh 3 - Ku. Vishakha Garg D/o Anant Ram Garg Aged About 28 Years Occupation Student (M.A. Previous) Private, R/o Near Railway Station, Bishrampur, Tahsil And District Surajpur, Chhattisgarh., District : Surajpur, Chhattisgarh ---Appellant(s) Versus 1 - Mohd. Haseeb S/o Abdul Gaffar Aged About 38 Years Caste Musalman, Occupation Transporting, R/o Mahamaya Road, Jarhagarh Ambikapur, District Surguja, Chhattisgarh. (Owner)., District : Surguja (Ambikapur), Chhattisgarh 2 - Mohd. Iqbal S/o Mohd. Safeeq Aged About 23 Years Occupation Driver, Caste Musalman, R/o Village Shardapur (Bartikala) P.S. Chalgali, District Balrampur, Chhattisgarh. (Driver), District : Balrampur, Chhattisgarh 3 - H.D.F.C. E.R.G.O. Insurance Company Limited Through The Branch Manager, Branch Office 1st Floor, Khasra No. 730/2, D-2, Phase No. 3 22, Ward No. 30 Rani Laxmi Nagar, Near Rama Magneto Mall And Indusind Bank, Bilaspur, Chhattisgarh. Pin 495001., District : Bilaspur, Chhattisgarh 4 - Smt. Ankita Mishra @ Jagriti Mishra D/o Jai Prakash Mishra Aged About 24 Years Occupation Service, R/o Near Family Court, Jashpur, District Jashpur, Chhattisgarh., District : Jashpur, Chhattisgarh --- Respondent(s) MAC No. 2186 of 2019 1 - Smt. Jagriti Mishra W/o Late Abhishek Garg Aged About 24 Years Occupation Government Employee, Caste Bramhan, Resident Of Railway Station Road, Garg Transport House Opposite Prajapati Farmesi Vishrampur, P.S. Vishrampur Tahsil Surjapur , District Surajpur Chhattisgarh....(Claimant) ---Appellant(s) Versus 1 - Mohd. Iqbal S/o Mohd. Safiq Aged About 23 Years Occupation Vehicle Driver, Caste- Muslim , Resident Of Village Shardapur (Bartikala) Police Station Chalgali, District Balrampur Chhattisgarh., District : Balrampur, Chhattisgarh 2 - Mohd. Haseeb S/o Abdul Gaffar Aged About 38 Years Caste Muslim Occupation Transporting Resident Of Mahamaya Road , Jarhagarh , Ambikapur , District Surguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh 3 - H.D.F.C. General Insurance Company Limited Through The Branch Manager Near Polytechnic College , Ring Road Ambikapur , District Surguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh 4 4 - Smt. Neeta Garg W/o Anant Ram Garg Aged About 56 Years Occupation Housewife , Caste Bramhan , Resident Of Railway Station Road, Garg Transport House, In Front Of Prajapati Pharmacy , Bishrampur, Police Station Bishrampur, Tahsil Surajpur , District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh --- Respondent(s) In MAC/2301/2019 & MAC/2105/2019 :- For Appellants :- Mr. Ashok Kumar Shukla, Advocate For Respondent No. 3 :- Mr. Ashish Pandey, Advocate For Respondent No. 4 :- Ms. Pranoti Das on behalf of Mr. Goutam Khetrapal, Advocate In MAC/2186/2019 :- For Appellant :- Ms. Pranoti Das on behalf of Mr. Goutam Khetrapal, Advocates For Respondent No. 3 :- Mr. Ashish Pandey, Advocate For Respondent No. 4 :- Mr. Ashok Kumar Shukla, Advocate SB - Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 07.07.2026 1. Since common question of law and fact is involved in all these three appeals as they have arisen out of a common accident, therefore, they have been clubbed together, heard together and are being decided by this common judgment. 2. The challenge in this batch of appeals has been made against the impugned award dated 24/10/2019 (Annexure A-1) 5 passed by learned 2nd Additional Motor Accident Claims Tribunal, Surajpur in MACC No. 71/2019 and 87/2019 whereby compensation of Rs. 58,12,822/- has been awarded in favour of the claimants along with 9% interest from the date of filing of the claim application for the death of Abhishek Garg, and out of the total award, 70% compensation has been awarded to Smt. Ankita @ Jagriti Mishra (wife of the deceased) and the remaining 30% compensation has been awarded to Smt. Neeta Garg (mother of the deceased). 3. MAC/2301/2019 has been filed by Smt. Neeta Garg (mother of the deceased) seeking proper apportionment of the compensation amount, MAC/2105/2019 has been filed by Anant Ram Garg, Neeta Garg and Ku. Vishakha Garg, who are father, mother and unmarried sister of the deceased, seeking enhancement and proper apportionment of the compensation amount and MAC/2186/2019 has been preferred by Smt. Ankita @ Jagriti Mishra (wife of the deceased) seeking enhancement of compensation. 4. Mr. Ashok Kumar Shukla, learned counsel for the appellants in MAC/2301/2019 & MAC/2105/2019, would submit that the Claims Tribunal has not made proper apportionment of the award amount as Ku. Vishakha Garg, who is unmarried 6 sister of the deceased, has not been granted any share at all and Smt. Neeta Garg, who is mother of the deceased, has only been granted 30% of the award amount, therefore, compensation may suitably be enhanced and proper apportionment be made in their favour. 5. Ms. Pranoti Das, learned counsel for the appellant in MAC/2186/2019, would submit that the amount of compensation awarded by the Claims Tribunal is liable to be enhanced and Anant Ram Garg, Neeta Garg and Ku. Vishakha Garg, who are father, mother and unmarried sister of the deceased, were living separately and as such, were not dependent upon the deceased, therefore, the Claims Tribunal has erred in granting 30% of compensation amount in favour of Smt. Neeta Garg. 6. Mr. Ashish Pandey, learned counsel for Insurance Company in all the three appeals, would submit that the compensation awarded by the Claims Tribunal is just and proper and does not warrant any interference by this Court. 7. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection. 7 8. A careful perusal of the award would show that learned Claims Tribunal has taken the monthly income of the deceased as Rs. 32,047/- and after adding 40% future prospect i.e. Rs. 12,818.8/-, it comes to Rs. 44,865.8/- and thus, his annual income comes to Rs. 5,38,389.6/-. Thereafter, the Tribunal has made 1/3rd deduction towards his personal income, which then makes his income to Rs. 3,58,926.4/- and after applying multiplier of 16, the loss of dependency comes to Rs. 57,42,822/-. Thereafter, Rs. 15,000/- has been granted under loss of estate, Rs. 15,000/- has been granted for funeral expenses and Rs. 40,000/- has been granted to Smt. Ankita @ Jagriti Mishra (wife of the deceased) for loss of consortium and thereby, a total sum of Rs. 58,12,822/- has been granted as compensation to the claimants. In the considered opinion of this Court, additional sum of Rs. 40,000/- x 3 = Rs. 1,20,000/- ought to have been granted to the claimants for loss of consortium. 9. In view of the aforesaid analysis, the amount of compensation of Rs. 58,12,822/- awarded by the Claims Tribunal is enhanced to Rs. 59,32,822/-, out of which, Smt. Ankita @ Jagriti Mishra (wife of deceased) would have a share of 60%, Smt. Neeta Garg (mother of the deceased) would have a share of 25% and Ku. Vishakha Garg 8 (unmarried sister of the deceased) would have a share of 15%. Respondent No. 3 is directed to deposit the amount of compensation as enhanced by this Court within a period of 1 month from the date of receipt of copy of this order. The additional amount of compensation shall carry interest @ 9% per annum from the date of filing of claim application before the Tribunal i.e. 07/05/2019 till its realization. Rest of the conditions of the impugned award shall remain intact. 10. Accordingly, all the three appeals are allowed to the extent indicated herein-above. No cost(s). Sd/- (Sanjay K. Agrawal) Judge Harneet