1 CGHC010086332024 2026:CGHC:31261 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 561 of 2024 1 - Smt. Namrata Koroti W/o Late Jagdish Koroti, Aged About 37 Years, R/o Village Malaldobari, Post Murdongari, Tahsil Kanker, District North Bastar Kanker, Chhattisgarh. 2 - Minor Vinay Kumar Koroti S/o Late Jagdish Koroti, Aged About 14 Years, Minor And Filed The Appeal Through Natural Guardian Their Mother Namrata Koroti R/o Village Malaldobari, Post Murdongari, Tahsil Kanker, District North Bastar Kanker, Chhattisgarh. 3 - Minor Vivek Koroti S/o Jagdish Koroti, Aged About 12 Years, Minor And Filed The Appeal Through Natural Guardian Their Mother Namrata Koroti R/o Village Malaldobari, Post Murdongari, Tahsil Kanker, District North Bastar Kanker, Chhattisgarh. 4 - Mango Bai Koroti W/o Sunaram Koroti, Aged About 80 Years, R/o Village Malaldobari, Post Murdongari, Tahsil Kanker, District North Bastar Kanker, Chhattisgarh. ... Appellants versus 1 - Manoj Kumar Jain S/o Ramcharan Jain, Aged About 45 Years, R/o Village Badepara Kilepar, Tahsil-Kanker, District North Bastar Kanker, Chhattisgarh Pin Code 494336 (Driver). 2 - Premal Jain S/o Ramcharan Jain, Aged About 42 Years, Resident Of Village Badepara Kilepar, Tahsil Kanker, District North Bastar, Kanker Chhattisgarh Pin Code 494336 (Owner). SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2026.07.23 16:34:51 +0530 2 3 - The Branch Manager, National Insurance Company Ltd., Branch Office 2nd Floor, Mobin Mahal, Lal Ganga Shoping Mall, G.E. Road, Raipur, District Raipur Chhattisgarh Pin No. 492001 (Insurance Company). ... Respondents For Appellants : Mr. Amit Kumar Sahu, Advocate For Respondents No.1 & 2 : Ms. Bhavika Kotecha, Advocate For Respondent No.3 : Mr. Anil Gulati, Advocate Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board (22.07.2026) 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 20.12.2023, passed in Claim Case No.62/2023, whereby the learned Claims Tribunal has awarded a total sum of Rs.16,04,792/- as compensation for the death of Jagdish Koroti, who died in a road accident which took place on 17.12.2022. 2. Learned counsel for the appellants submits that the learned Claims Tribunal has erred in awarding lesser compensation in the facts and circumstances of the present case. He further submits that the learned Claims Tribunal has awarded only a sum of Rs.44,000/- towards loss of consortium, whereas each of the claimants is entitled to a sum of Rs.44,000/- under the said head. It is, therefore, prayed that the present appeal be allowed and the compensation awarded by the learned Claims Tribunal be suitably enhanced. 3. Learned counsels appearing for the respondents would submit 3 that the Claims Tribunal after appreciating oral and documentary evidence available on record rightly awarded the compensation amount. Hence, the compensation awarded by the Claims Tribunal is just and proper and requires no interference. 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. In the case at hand, it is evident that the learned Claims Tribunal has awarded only Rs.44,000/- towards loss of consortium, whereas the claimants are entitled to a total sum of Rs.1,76,000/- under the said head, to that extent the impugned award needs to be modified. 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, this Court is computing the compensation as below:- Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1 Income Rs. 9,700 x 12 = 1,16,400/- Rs. 9,700 x 12 = 1,16,400/- 2. Future Prospect (+) 25% as per para 14 (i.e., Rs.29,100) = 1,45,500/- (+) 25% (i.e., Rs.29,100) = 1,45,500/- 3. Deduction (-) 1/4 (i.e. 36,375) = 1,09,125/- (-) 1/4 (i.e. 36,375) = 1,09,125/- 4. Multiplier (x) 14 = 15,27,750/- (x) 14 = 15,27,750/- 5. Loss of Estate (+)Rs.16,500/- (+)Rs.16,500/- 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 4 6. Funeral Expenses (+)Rs.16,500/- (+)Rs.16,500/- 7. Loss of Consortium (+)Rs.44,000 (+)Rs.44,000 x 4= 1,76,000/- Total Rs.16,04,792 Rs. 17,36,750/- 7. In view of the aforesaid analysis, the amount of compensation of Rs.16,04,792/- awarded by the Claims Tribunal is enhanced to Rs.17,36,750/-. Hence, after deducting the amount of Rs.16 04,792/-, the appellants are held entitled for an additional amount of Rs.1,31,958/-. The additional amount of compensation shall carry interest @ 6% per annum from filing of the claim application before the Claims 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 resides. Sd/- (Sanjay Kumar Jaiswal) Judge $ourabh