1 CGHC010089072022 2026:CGHC:29490 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 419 of 2022 1 - Smt. Bhagwantin Wd/o Late Bisram Chaturvedi, Aged About 50 Years (Deceased Wife And Legal Heirs) R/o House No. 280, Jhanda Chowk, Near Hanuman Mandir, Patora, Durg, District Durg Chhattisgarh 2 - Mukesh Kumar S/o Late Bisram Chaturvedi, Aged About 19 Years (Deceased Son And Legal Heirs) R/o House No. 280, Jhanda Chowk, Near Hanuman Mandir, Patora, Durg, District Durg Chhattisgarh 3 - Lucky S/o Late Bisram Chaturvedi, Aged About 15 Years (Deceased Son And Legal Heirs) Legal Guardian Mother Smt. Bhagwantin Appellant No. 1, R/o House No. 280, Jhanda Chowk, Near Hanuman Mandir, Patora, Durg, District Durg Chhattisgarh 4 - Nikhilesh S/o Late Bisram Chaturvedi, Aged About 11 Years (Deceased Son And Legal Heirs) Legal Guardian Mother Smt. Bhagwantin Appellant No. 1, R/o House No. 280, Jhanda Chowk, Near Hanuman Mandir, Patora, Durg, District Durg Chhattisgarh ... Appellants versus 1 - Tikeshwar Sahu@ Tikendra S/o Kedar Sahu, Aged About 22 Years R/o Village Dundera, Shanti Nagar, Police Station Utai, BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2026.07.15 10:32:46 +0530 2 District Durg, (Chhattisgarh).......(Driver Of Alleged Vehicle Hiwa Bearing Registration No. C.G.-04-JC-9002) 2 - Shashikant Rai S/o Awdhesh Rai, Aged About 43 Years R/o Sadak No.2, Ganesh Nagar Rishali, Bhilai, Police Station Nevai, District Durg (Chhattisgarh)............(Owner Of Alleged Vehicle Hiwa Bearing Registration No. C.G.-04-JC-9002) 3 - National Insurance Company Limited, Through Branch Manager, Address- Divisional Office, Aakash Ganga, Supela, Bhilai, Tahsil And District Durg (Chhattisgarh) Pin No. 490023..............(Insurer Of Alleged Vehicle Hiwa Bearing Registration No. C.G.-04-JC-9002) ... Respondent(s) For Appellant(s) : Mr. S. P. Sahu, Advocate For Respondent(s) : None Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board (13.07.2026) 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short the "Act of 1988") has been preferred by the appellants/claimants seeking enhancement of the amount of compensation, challenging the impugned award dated 15.03.2021, passed in Motor Accident Claim Case No.68/2019, whereby learned Claims Tribunal has awarded a total sum of Rs.7,42,300/- as compensation for the death of Bisram Chaturvedi, who died in a road accident that took place on 02.08.2017. 2. Learned counsel for the appellants would submit that the Claims Tribunal has erred in awarding less amount of compensation in the facts of the case. The Claims Tribunal has not granted any amount towards future prospects of 3 the deceased. It is further submitted that the compensation awarded under the conventional heads is also inadequate and deserves to be enhanced in accordance with the principles laid down by the Hon'ble Supreme Court. Therefore, the instant appeal be allowed and the compensation awarded by the Claims Tribunal may suitably be enhanced. 3. There is no representation on behalf of the respondents. 4. I have heard learned counsel for the appellants, considered his submission made herein-above and went through the records with utmost circumspection. 5. In the case at hand, true it is that the Tribunal has not granted any amount towards future prospects of the deceased Bisram Chaturvedi, which ought to be 10% as on the date of incident i.e. 02.08.2017, he was aged about 56 years and a non-salaried person, to that extent the impugned award needs to be modified. Further, the Tribunal has not granted any amount towards parental consortium to the three children of the deceased. However, the three children are also entitled to parental consortium of Rs.40,000/- each, aggregating to Rs.1,20,000/-. 6. Thus, in light of the aforesaid discussion and in light of the judgments of the Supreme Court rendered in the matters of National Insurance Company Ltd. V. Pranay Sethi1, Sarla Verma & Ors. Vs. Delhi Transport Corporation & Ors2 and Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram & Ors3, the compensation is recomputed as under:- Sr. No. Heads Compensation awarded by the Compensation awarded by this 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 4 Tribunal Court 1 Income 8300 x 12 =99600 8300 x 12 =99600 2. Future prospect Nil (+)10% (i.e.9960) = 109560 3. Deduction (-) 1/4 (i.e. 24900) = 74,700 (-) 1/4 (i.e. 27390) = 82,170 4. Multiplier (x) 9 = 6,72,300/- (x) 9 = 7,39,530/- 5 Other conventional heads Rs. 70,000/- Rs. 1,90,000/- [15,000 + 15,000 + 1,60,000 (40,000 x 4)] Total Rs. 7,42,300/- Rs. 9,29,530/- 7. In view of the aforesaid analysis, the amount of compensation of Rs.7,42,300/- awarded by the Claims Tribunal is enhanced to Rs.9,29,530/-. Hence, after deducting the amount of Rs.7,42,300/-, the appellants are held entitled for an additional amount of Rs.1,87,230/-. The additional amount of compensation shall carry interest @ 6% per annum from the filing of claim application before the Tribunal till its realization. Rest of the conditions of the impugned award shall remain intact. 8. In the result, the appeal is partly allowed and the impugned award is modified to the extent as indicated herein-above. 9. The Registry is directed to communicate the claimants in writing “the enhanced amount” in this appeal as against the award made by the concerned Tribunal. The said communication be made in Hindi Deonagri language and the help of paralegal workers may be availed with a co- ordination of Secretary, Legal Aid of the concerned area wherein the claimants reside. Sd/- (Sanjay Kumar Jaiswal) Judge Khatai