1 CGHC010162142023 2026:CGHC:31602 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 985 of 2023 1 - Ratiram Nage S/o Late Baliram Nage Aged About 54 Years R/o Sarpanchpara / Dhobhipara, Kalipur, Titirgaon, Jagdalpur, District Bastar Chhattisgarh (Claimants) 2 - Smt. Dhaneshwari Nage W/o Ratiram Nage Aged About 44 Years R/o Sarpanchpara / Dhobhipara, Kalipur, Titirgaon, Jagdalpur, District Bastar Chhattisgarh 3 - Somari Nage D/o Ratiram Nage Aged About 34 Years R/o Sarpanchpara / Dhobhipara, Kalipur, Titirgaon, Jagdalpur, District Bastar Chhattisgarh 4 - Shekhar Nage S/o Ratiram Nage Aged About 26 Years R/o Sarpanchpara / Dhobhipara, Kalipur, Titirgaon, Jagdalpur, District Bastar Chhattisgarh 5 - Kumari Naina D/o Ratiram Nage Aged About 26 Years R/o Sarpanchpara / Dhobhipara, Kalipur, Titirgaon, Jagdalpur, District Bastar Chhattisgarh 6 - Navin Nage S/o Ratiram Nage Aged About 10 Years Minor Through Natural Guardian Fathar Ratiram Nage, R/o Sarpanchpara / Dhobhipara, Kalipur, Titirgaon, Jagdalpur, District Bastar Chhattisgarh ... Appellants versus Digitally signed by AMIT PATEL 2 1 - Mridul Borai @ Chhotu S/o Late Mahendra Nagh Baroi Aged About 29 Years R/o Near Doordarshan Colony, Through Babu Borai Patrakar Dharampura No. 1, Dhurwapara, Dharampura, Jagdalpur, District Bastar Chhattisgarh 2 - Smt. Neha Das W/o Tarashankar Das Aged About 36 Years R/o Main Market Kirandul, Kirandul, District Dantewada Chhattisgarh 3 - The United Insurance Company Anupama Chowk Jagdalpur, District Bastar Chhattisgarh Policy No. 2701023118P103165316 Date Of Valuation From 19.06.2018 To 18.06.2019 -- Respondent(s) (Cause-titles are taken from CIS) For Appellants : Mr. Sundar Lal Sahu, Advocate For Respondent Nos.1 & 2 : Mr. Vikash A. Shrivastava, Advocate For Respondents No.3 : Mr. Raj Awasthi, Advocate Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board (23.07.2026) 1. This appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 (for short the "Act of 1988") by the appellants/claimants for enhancement against the award dated 28.09.2022 passed by First Additional Motor Accident Claims Tribunal, Jagdalpur, District- Bastar (C.G.), in Claim Case No. 247/2019, whereby compensation of Rs.14,81,800/- with interest @ 9% per annum, in favour of the 3 appellants has been awarded. 2. The gist of the claim before the Tribunal, in brief, is that on the date of incident I..e, 04.12.2018, the deceased Lokesh Nage, aged about 22 years was returning to his house on his motorcycle after completing his work as an electrician. When he reached near Reddy's poultry farm, Respondent No. 1, while driving the offending motorcycle bearing Registration No. CG-18-E-0908 in a rash and negligent manner, collided with the motorcycle of the deceased. As a result of the accident, the deceased sustained grievous injuries. He was immediately admitted to the Medical College for treatment; however, he succumbed to his injuries during the course of treatment. On the basis of the report lodged at Police Station- Kotwali, Jagdalpur District- Bastar, a crime was registered. 3. It it claimed that at the time of accident, deceased Lokesh Nage was aged about 22 years and was unmarried. He was working as an Electrician with registered electrical contractor and earning Rs. 18,000/- per month. Due to the untimely death of Lokesh Nage, there is an irreparable loss to the claimants who are the mother, father, brothers and sisters of the deceased. Therefore, the claimants had preferred an application before the Tribunal claiming total compensation of Rs. 36,72,000/- u/s 166 of MV Act. 4. The learned Tribunal, after considering the evidence and documents available on record, assessed the income of the deceased (unmarried) to be Rs. 9,000- per month. Added 40% future prospects. Considered the fact that the claimants are the mother, father, brothers and sisters of the deceased, one-half of the income was deducted towards personal 4 expenses. Considered the age of the deceased as 22 years, multiplier of 18 was applied. Further, a total amount of Rs. 1,21,000- has been awarded under other heads. Accordingly, the total compensation of Rs. 14,81,800/- has been awarded by the Claims Tribunal in favour of the claimants with interest @ 6% per annum against respondent/insurance company, from the date of application. Hence, the appeal is for enhancement. 5. 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. 6. On the other hand, learned counsel appearing for the respondents would submit 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. 7. Heard counsel for the parties and perused the documents available on record. 8. 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.2,64,000/- under the said head, to that extent the impugned award needs to be modified. 5 9. 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:- S.No. Heads Compensation Awarded by the Tribunal Compensation Awarded by this Court 1. Income Rs. 9,000/- Rs. 9,000/- 2. Addition towards loss of future prospects 40% Rs. 9000 +3600 = Rs.12,600/- Rs. 9000 + 3600 = Rs.12,600/- 3. 1/2 Deduction towards personal expenses Rs.6,300 Rs. 6,300/- 4. After applying multiplier of 18 Rs. 6,300 x 12 x 18= Rs.13,60,800/- Rs. 6,300 x 12 x 18= Rs.13,60,800/-- 5. Loss of consortium to claimants Rs.44,000/- each to claimant Nos. 1 & 2 Total= Rs. 88,000/- Rs. 44,000/- to each claimants (1 to 6) Total = Rs.2,64,000/- 6. Loss of Estate Rs.16,500/- Rs.16,500/- 7. Loss of Funeral Expenses Rs.16,500 Rs.16,500/- TOTAL Rs.14,81,800/- Rs. 16,57,800/- 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 6 10. In view of the aforesaid analysis, the amount of compensation of Rs.14,81,800/- awarded by the Claims Tribunal is enhanced to Rs.16,57,800/-. Hence, after deducting the amount of Rs.14,81,800/-, the appellants are held entitled for an additional amount of Rs.1,76,000/-. The additional amount of compensation shall carry interest @ 6% per annum from filing of the claim petition before the Claims Tribunal till its realization. Rest of the conditions of the impugned award shall remain intact. 11. In the result, the appeal is partly allowed and the impugned award is modified to the extent as indicated herein-above. 12. The Registry is directed to communicate the claimants in writing “the enhanced amount” in this appeal as against the award made by the Tribunal below. The said communication be made in Hindi Deonagri language and the help of paralegal workers may be availed with the co-ordination of Secretary, Legal Aid of the concerned area wherein the claimants resides. Sd/- (Sanjay Kumar Jaiswal) Judge AMIT PATEL