1 CGHC010094382020 2026:CGHC:29898 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 612 of 2020 1 - Jaykunwar W/o Late Dukul Singh Aged About 60 Years R/o Village Atadda, Bajrang Chowk, Post - Nawadih, Belgahna, Police Station And Tahsil Kota, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh 2 - Virendra Pratap Singh S/o Late Dukul Singh Aged About 33 Years R/o Village Atadda, Bajrang Chowk, Post - Nawadih, Belgahna, Police Station And Tahsil Kota, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh 3 - Bharat Bhushan S/o Late Dukul Singh Aged About 31 Years R/o Village Atadda, Bajrang Chowk, Post - Nawadih, Belgahna, Police Station And Tahsil Kota, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh 4 - Jyoti Bhushan Tanwar S/o Late Dukul Singh Tanwar Aged About 25 Years R/o Village Atadda, Bajrang Chowk, Post - Nawadih, Belgahna, Police Station And Tahsil Kota, District Bilaspur Chhattisgarh. (Claimants), District : Bilaspur, Chhattisgarh ... Appellant(s) versus 1 - Suresh Kumar Gendle S/o Netram Gendle Aged About 33 Years R/o House No. 110, Village Nipaniya, Police Station And Tahsil Bilha, District 2 Bilaspur Chhattisgarh. (Diver Of Vehicle Truck No. C.G. -10-C-1089), District : Bilaspur, Chhattisgarh 2 - Narendra Kumar Gendle S/o Netram Gendle R/o House No. 110, Village Nipaniya, Police Station And Tahsil Bilha, District Bilaspur Chhattisgarh. (Owner Of Vehicle Truck No. C.G. - 10-C-1089),, District : Bilaspur, Chhattisgarh 3 - The New India Insurance Company Limited Through Branch Manager, Branch Office First Floor Rama Trade Center, In Front Of Rajeev Plaza, Old Bus Stand, Bilaspur, Tahsil And District Bilaspur Chhattisgarh. (Insurer Of Vehicle Truck No. C.G. - 10-C-1089)., District : Bilaspur, Chhattisgarh ... Respondent(s) For Appellants : Ms. Pranoti Das on behalf of Mr. Goutam Khetrapal, Advocates For Respondent(s) No. 1 and 2 : Mr. Sajal Gupta on behalf of Mr. Utkal Pradhan, Advocates For Respondent No. 3 : Mr. Qamrul Aziz, Advocate SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 15.07.2026 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) has been preferred by the appellants/claimants seeking enhancement of amount of compensation, challenging the impugned award dated 09/01/2020 passed by learned 7th Additional Motor Accident Claims Tribunal, Bilaspur in Claim Case No. 386/2018, whereby learned Claims Tribunal has awarded a total sum of Rs. 6,52,240/- as 3 compensation to the appellants/claimants for the death of Dukul Singh, aged about 74 years. 2. Learned counsel for the appellants/claimants would submit that the Claims Tribunal has erred in applying multiplier of 3 whereas looking to the age of the deceased, it ought to have applied multiplier of 5. Moreover, Rs. 18000/- each ought to have been granted under loss of estate and for funeral expenses rather than Rs. 15,000/- each and the Tribunal has only granted Rs. 1,00,000/- for loss of consortium whereas it ought to have granted Rs. 48,000/- x 4 = Rs. 1,92,000/-, as such, the amount of compensation may suitably be enhanced. 3. Learned counsel for the respondents would support the impugned award and submit that the amount of 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 records with utmost circumspection. 5. Having heard learned counsel for the parties and having gone through the record, it appears that the Claims Tribunal has applied the multiplier of 3 rather looking that the deceased was 74 years of age at the time of the accident, multiplier of 5 ought to have been applied. Further Rs. 18,000/- each ought to have been granted for funeral expenses and for loss of estate and Rs. 4 48,000/- x 4 = Rs. 1,92,000/- ought to have been granted for loss of consortium. 6. Thus, this Court is computing the compensation as below:- Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Income Rs. 21,760/- x 12 = Rs. 2,61,120/- Rs. 21,760/- x 12 = Rs. 2,61,120/- 2. Deduction (-) 1/3 = Rs. 1,74,080/- (-) 1/3 = Rs. 1,74,080/- 3. Multiplier (x) 3 = Rs. 5,22,240/- (x) 5 = Rs. 8,70,400/- 4. Loss of Estate Rs. 15,000/- Rs. 18,000/- 5. Funeral Expenses Rs. 15,000/- Rs. 18,000/- 6. Loss of Consortium Rs. 1,00,000/- Rs. 48,000/- x 4 = Rs. 1,92,000/- Total Rs. 6,52,240/- Rs. 10,98,400/- 7. In view of the aforesaid analysis, the amount of compensation of Rs. 6,52,240/- awarded by the Claims Tribunal is enhanced to Rs. 10,98,400/-. Hence, the appellants are held entitled for an additional amount of Rs. 4,46,160/-. Respondent No. 3 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 5 application before the Tribunal i.e. 15/05/2018 till its realization. Rest of the conditions of the impugned award shall remain intact. 8. Accordingly, this appeal is allowed in part and the impugned award is modified to the extent as indicated herein-above. SSd/-d/- (Sanjay K. Agrawal) Judge Harneet