1 CGHC010130902023 2026:CGHC:32690 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 679 of 2023 1 - Bodhmati Chouhan W/o Late Chandulal Chouhan Aged About 60 Years R/o Village- Bhathora Police Station And Tehsil- Malkharoda .........Claimants, District : Janjgir-Champa, Chhattisgarh 2 - Shyamlal Chouhan S/o Late Chandulal Chouhan Aged About 45 Years R/o Village- Bhathora Police Station And Tehsil- Malkharoda, District : Janjgir-Champa, Chhattisgarh 3 - Narayan Chouhan S/o Late Chandulal Chouhan Aged About 43 Years R/o Village- Bhathora Police Station And Tehsil- Malkharoda, District : Janjgir-Champa, Chhattisgarh 4 - Keshav Prasad Chouhan S/o Late Chandulal Chouhan Aged About 36 Years R/o Village- Bhathora Police Station And Tehsil- Malkharoda, District : Janjgir-Champa, Chhattisgarh 5 - Satoshi Chouhan W/o Bisahu Chouhan Aged About 40 Years D/o Late Chandulal Chouhan R/o Village Ghoghri Tehsil- Dhabra, District : Janjgir-Champa, Chhattisgarh ... Appellants versus Digitally signed by AMIT PATEL 2 1 - Komal Prasad Chandra S/o Bharatlal Chandra Aged About 23 Years R/o Village- Bhathora Police Station And Tehsil- Malkharoda ...........Driver, District : Janjgir-Champa, Chhattisgarh 2 - Bhuvanlal Bareith S/o Ghasiyaram Bareith Aged About 25 Years R/o Village- Charoudi Tehsil- Malkharoda .........Owner, District : Janjgir- Champa, Chhattisgarh 3 - Hero Insurance Broking India Private Company Limited Bilaspur, District : Bilaspur, Chhattisgarh 4 - Branch Manager Through National Insurance Company Limited, Scope Minar Core-3, 2nd Floor, Lakshmi Nagar, Delhi- 110092 ........Insurance Company., District : New Delhi, Delhi --- Respondents (Cause-titles are taken from CIS) For Appellants : Mr. Basant Dewangan, Advocate For Respondent Nos.1 & 2 : Mr. Parth Kumar Jha, Advocate on behalf of Mr. Bhaskar Jha, Advocate For Respondents No.3 : Mr. Qamrul Aziz, Advocate Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board (29.07.2026) 1. This appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 by the appellants/claimants for enhancement against the award dated 14.02.2023 passed by Second Additional Motor Accident Claims Tribunal, Sakti, District- Janjgir-Champa (C.G.), in Claim Case No. 27/2021, whereby compensation of Rs. 3 1,30,000/- with interest @ 6% per annum, in favour of the appellants has been awarded. 2. The gist of the claim before the Tribunal, in brief, is that on 25.02.2020, at about 7:30 a.m., the deceased, Chandulal, went on foot to Birbhanta to purchase grocery items from his house. After purchasing the grocery items he was returning to his village on foot. At about 10:30 a.m., in front of the house of Balakram Sahu, the driver of the motorcycle bearing Registration No. CG-11-AU- 2161, while driving the vehicle in a rash and negligent manner, hit Chandulal, causing the accident, as a result of which, Chandulal sustained grievous injuries to various parts of his body. He was immediately taken to the Community Health Centre, Malkharoda, for treatment and owing to the seriousness of his condition was referred to Sakti. However, he succumbed to his injuries and died on the way. On the basis of the report lodged at Police Station Malkharoda, District-Janjgir-Champa, a crime was registered. 3. It is claimed that at the time of accident, deceased Chandulal Chouhan was aged about 70 years and was married. He was working as a labour and earning Rs. 6,000/- per month. Due to the untimely death of Chandulal Chouhan there is an irreparable loss to the claimants who are the wife, sons and daughter of the deceased. Therefore, the claimants had preferred an application before the Tribunal claiming total compensation of Rs. 9,62,000/- u/s 166 of MV Act. 4 4. The learned Tribunal, after considering the evidence and documents available on record, assessed the income of the deceased to be Rs. 2500/- per month i.e., annual income comes to Rs. 30,000/- (2500x12). Claims Tribunal has held that only the wife was dependent upon the deceased and accordingly, deducted one-half of the income towards personal expenses (30,000x 1/2 =15,000/-). Considered the age of the deceased as 80 years, multiplier of 04 was applied (15,000x4=60,000/-). Further, a total amount of Rs.70,000/- has been awarded under other heads. Accordingly, the total compensation of Rs.1,30,000/- 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 erred in awarding only Rs.40,000/- towards loss of filial consortium to appellant No.1. The Tribunal ought to have awarded Rs.44,000/- to each of the claimants towards loss of consortium, Total Rs.2,20,000/- and also funeral expenses & loss of estate ought to be enhanced, considering that the accident occurred in the year 2020 and that a 10% enhancement is applicable under the conventional heads. It is, therefore, prayed that the present appeal be allowed and the 5 compensation awarded by the learned Claims Tribunal be suitably enhanced. 6. On the other hand, learned counsel for the Insurance Company has argued 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. 15,000/- each towards funeral expenses and loss of estate and Rs.40,000/- towards loss of filial consortium to appellant No.1. However, each of the five claimants is entitled to Rs.40,000/- towards loss of consortium. Further, having regard to the fact that the accident occurred in the year 2020, the claimants are entitled to a 10% enhancement under the said head in terms of the law laid down in Pranay Sethi (supra). Consequently, each claimant is entitled to Rs.44,000/- and the total amount payable towards loss of consortium comes to Rs.2,20,000/- (Rs.44,000 × 5), the amounts payable towards funeral expenses and loss of estate are also enhanced to Rs.16,500/- each. Accordingly, the impugned award is liable to be modified to that extent. 9. Thus, in light of the aforesaid discussion and in light of the 6 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. 2,500/- Rs. 2,500/- 2. 1/2 Deduction towards personal expenses Rs.1,250/- Rs.1,250/- 3. After applying multiplier of 04 Rs. 1250 x 12 x 4= Rs.60,000/- Rs. 1250 x 12 x 4= Rs.60,000/- 4. Loss of consortium to claimants Rs.40,000/- to appellant No.1 Rs. 44,000/- to each claimants (1 to 5) Total = Rs.2,20,000/- 5. Loss of Estate Rs.15,000/- Rs.16,500/- 6. Loss of Funeral Expenses Rs.15,000 Rs.16,500/- TOTAL Rs. 1,30,000/- Rs. 3,13,000/- 10. In view of the aforesaid analysis, the amount of compensation of Rs. 1,30,000/-awarded by the Claims Tribunal is enhanced to Rs. 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 7 3,13,000/-. Hence, after deducting the amount of Rs.1,30,000/-, the appellants are held entitled for an additional amount of Rs.1,83,000/-. 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. The consortium amount shall be paid to all the claimants. 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