1 CGHC010179392019 2026:CGHC:36191 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1129 of 2019 1 - Smt. Seema Dhruv W/o Late Bhupendra Singh Dhruv Aged About 26 Years R/o Village - Chandi, Post - Semradih, Post Office And Police Station - Suhela, District - Balodabazar - Bhatapara Chhattisgarh. Present R/o - Police Line, Mahasamund, District - Mahasamund Chhattisgarh. 2 - Smt. Geeta Bai Dhruv W/o Amarsingh Dhruv Aged About 58 Years R/o Vil- lage - Chandi, Post - Semradih, Post Office And Police Station - Suhela, Dis- trict - Balodabazar - Bhatapara Chhattisgarh. Present R/o - Police Line, Ma- hasamund, District - Mahasamund Chhattisgarh. 3 - Amar Singh Dhruv S/o Late Kundan Singh Dhruv, Aged About 62 Years R/o Village - Chandi, Post - Semradih, Post Office And Police Station - Suhela, District - Balodabazar - Bhatapara Chhattisgarh. Present R/o - Police Line, Mahasamund, District - Mahasamund Chhattisgarh. 4 - Dakshesh Kumar Dhruv S/o Late Bhupendra Singh Dhruv Aged About 5 Years Minor On Behalf Of Through His Legal Guardian Mother Smt. Seema Dhruv Appellant No. 1) R/o Village - Chandi, Post - Semradih, Post Office And Police Station - Suhela, District - Balodabazar - Bhatapara Chhattisgarh. Present R/o - Police Line, Mahasamund, District - Mahasamund Chhattis- garh. ... Appellants versus 1 - Indrabahadur Kachi S/o Gangaram Kachi Aged About 35 Years R/o - Kabir Nagar ( Kenwati ) House No. 274, Police Station - Kabir Nagar, Raipur, District - Raipur Chhattisgarh. ( Driver Of Vehicle Bus Bearing Regisgtration No. C G 04 / De / 7867), 2 2 - Salam Rizvi S/o A Hamid Rizvi Aged About 45 Years R/o House No. 111- K, Nayapara Goursiya Chowk Raipur District - Raipur Chhattisgarh.( Owner Of Vehicle Bus Bearing Regisgtration No. C G 04 / De / 7867) 3 - The Branch Manager, The Oriental Insurance Company Limited, Through The Branch Manager Branch Office, Madina Building, Jail Road, Raipur Dis- trict Raipur Chhattisgarh. ( Insurer Of Vehicle Bus Bearing Regisgtration No. C G 04 / De / 7867), District : Raipur, Chhattisgarh --- Respondent(s) For Appellants : Ms. Pooja Yadav, advocate appears on behalf of Mr. Shivendu Pandya, Advo- cate For Respondent No. 3 : Mr. Akash Shrivastava, Advocate. Hon’ble Shri Sanjay K. Agrawal, Judge Order on Board 14.08.2026 1. This appeal has been filed by the appellants/claimants under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) seeking enhancement in the compensation amount, against the impugned award dated 07.08.2018 passed by the Learned 2nd Additional/Upper Motor Accident Claim Tribunal, Mahasamund, District Mahasamund, Chhattisgarh (for short “Claims Tribunal”) in Claim Case No. H- 151/2016, whereby the Claims Tribunal allowed the claimants’ applica- tion and awarded Rs. 42,43,760/- along with interest for death of Bhu- pendra Singh Dhruv. 2. Learned counsel for the appellants, would submit that the Claims Tri- bunal has erred in awarding the less compensation. He would further submit that consortium filial and parental have not been awarded by the Claims Tribunal which is liable to be awarded. 3. Learned counsel for the Insurance Company/respondent No.3, would oppose the prayer made by learned counsel for the appellant and sub- mit that compensation awarded by the Claims Tribunal is no higher side which is liable to be reduced. 3 4. I have heard learned counsel for the parties, considered their rival sub- missions made herein above and gone through the records minutely. 5. The Claims Tribunal has not awarded any amount under the conven- tional head of consortium to the appellants No. 2 to 4. In view of the law laid down by the Hon'ble Supreme Court, the claimants No. 2 to 4 are also entitled to compensation under the said head. 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 & Ors.3, this Court is computing the compensation as below:- Sr. No Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Income 19323/- 19323/- 2. Yearly Income 19323x12= 2,31,876/- 19323x12= 2,31,876/- 3. Future Prospect (+)50% 115938 Total Rs. 3,47,814/- (+)50% 115938 Total Rs. 3,47,814/- 4. Deduction (-)1/4 i.e. 86,953.50/- = 2,60,860/- (-)1/4 i.e. 86,953.50/- = 2,60,860/- 5. Multiplier (x) 16 (x) 16 6. Annual Income af- ter deducting 2,60,861 x 16= 41,73,760/- 2,60,861 x 16= 41,73,760/- 7. Loss of Estate 15,000/- 15,000/- 8. Funeral Expenses 15,000/- 15,000/- Loss of Consortium 40,000/- 40,000x4 =1,60,000 Total 42,43,760/- 43,63,760/- 7. In view of the aforesaid analysis, the amount of compensation of Rs. 42,43,760/- awarded by the Claims Tribunal is enhanced to Rs. 43,63,760/-. Hence, after deducting the amount of Rs. 42,43,760/-, the 1(2017) 16 SCC 680 2 (2009) 6 SCC 121 3(2018) 18 SCC 130 4 appellants/claimants are held to be entitled to an additional amount of Rs. 1,20,000/-. The concerned respondent is directed to deposit the amount of compensation as enhanced by this Court within a period of three months from the date of receipt of copy of this order. The addi- tional amount of compensation shall carry interest @6% per annum from the date of filing of claim application before the Tribunal till its real- ization. Rest of the conditions of the impugned award shall remain in- tact. 8. Accordingly, this appeal is allowed in part and the impugned award is modified to the extent as indicated herein-above. Sd/- (Sanjay K. Agrawal) Judge Jyoti