1 CGHC010008612025 2026:CGHC:33155 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 163 of 2025 1. Smt Shanti Bai Yadav Wd/o Late Shri Sachin Kumar Yadav Aged About 40 Years R/o Ward No. 24, Rani Laxmibai Ward, Chandeni Bhata, Tehsil Dallirajhara, District Balod Chhattisgarh. 2. Priyanshu Yadav S/o Late Shri Sachin Kumar Yadav Aged About 14 Years Minor Represented By His Natural Guardian Mother Smt. Shanti Bai Yadav, R/o Ward No. 24, Rani Laxmibai Ward, Chandeni Bhata, Tehsil Dallirajhara, District Balod Chhattisgarh. (Claimants) ...Appellants versus 1. Kirtan Sahu S/o Santuram Sahu Aged About 34 Years R/o Village Shreta Chowk, Darbha, Thana And Tehsil Kurud, District Dhamtari Chhattisgarh. (Driver) 2. New Royal Bus Services Through Manager, Address Shop No. 3, Pragya Complex, New Bus Stand, Raipur, District Raipur Chhattisgarh. (Owner) 3. United India Insurance Company Limited Through Its Branch Manager, Station Road, Paras Complex, Near Gurudwara Durg, Thana Mohan Nagar Durg, District Durg Chhattisgarh. (Insurance Company) ... Respondent(s) BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2026.08.03 11:52:16 +0530 2 For Appellants : Ms. Santoshi Yadav, Advocate For Respondent No.3 : Mr. P. R. Patankar, Advocate Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board (31.07.2026) 1. Heard on I.A. No.01/2025, an application seeking condonation of delay in filing the appeal. 2. The present appeal has been preferred by the claimants seeking enhancement of the compensation awarded by the Claims Tribunal. 3. Upon due consideration, I.A. No.01/2025 is allowed and the delay of 85 days in filing the appeal stands condoned. 4. Also heard on admission. 5. The appeal is admitted. 6. This appeal has been preferred under Section 173 of the Motor Vehicles Act, 1988 (for short, "the Act of 1988") by the appellants/claimants assailing the award dated 11.07.2024 passed by learned 1st Additional Motor Accident Claims Tribunal, Balod, District Balod (C.G.), in Claim Case No.73/2023, whereby the Tribunal has awarded a total compensation of Rs.16,76,145/- on account of the death of Harshal Kumar Yadav, who succumbed to the injuries sustained in a motor vehicle accident that occurred on 12.11.2022. 7. Learned counsel appearing for the appellants submits that the Tribunal has failed to grant the requisite enhancement of 10% towards the conventional heads, namely loss of estate, funeral expenses, and consortium, in terms of the law laid down by the Hon'ble Supreme Court. It is further contended 3 that although there are two claimants, the Tribunal has awarded consortium only to one claimant, thereby depriving the other claimant of the compensation legally payable under the said head. It is, therefore, submitted that the compensation awarded under the conventional heads deserves suitable enhancement in accordance with the settled principles of law. 8. Per contra, learned counsel appearing for respondent No.3/Insurance Company supports the impugned award and submits that the compensation awarded by the Tribunal is just, fair and reasonable and does not warrant any interference by this Court. 9. I have heard learned counsel for the parties at length, considered their rival submissions and carefully perused the entire record. 10.Upon perusal of the impugned award, it is evident that the Tribunal has awarded Rs.15,000/- towards loss of estate, Rs.15,000/- towards funeral expenses and Rs.40,000/- towards loss of consortium, aggregating to Rs.70,000/- under the conventional heads. Since the accident occurred on 12.11.2022, the claimants are entitled to an enhancement of 10% on the amounts payable under the conventional heads. Accordingly, the amounts payable towards loss of estate and funeral expenses stand enhanced to Rs.16,500/- each, while the amount payable towards loss of consortium comes to Rs.44,000/-. 11.It is also not in dispute that there are two claimants, whereas the Tribunal has awarded consortium only to one claimant. Hence, both the claimants shall be entitled towards loss of consortium of Rs.44,000/- each, totalling Rs.88,000/-. 4 12.Thus, the compensation payable under the conventional heads is recomputed as under: Loss of Estate : Rs.16,500/- Funeral Expenses : Rs.16,500/- Loss of Consortium (Rs.44,000/- × 2) : Rs.88,000/- Total : Rs.1,21,000/- 13.Since the Tribunal has already awarded Rs.70,000/- under the conventional heads, the appellants become entitled to an additional sum of Rs.51,000/- (1,21,000 – 70,000) under the said heads. 14.Consequently, the appellants/claimants shall be entitled to an additional/enhanced compensation of Rs.51,000/- over and above the amount awarded by the Tribunal. The enhanced amount shall carry interest at the rate of 6% per annum from the date of filing of the claim petition till the date of its actual realization. The remaining terms and conditions of the impugned award shall remain unaltered. 15.Accordingly, the appeal stands partly allowed and the impugned award is modified to the aforesaid extent. 16.The Registry is directed to communicate the claimants in writing “the enhanced/additional 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