1 CGHC010235612022 2026:CGHC:36379 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 841 of 2022 1 - Bala Das Mahant S/o Late Mahadev Das Mahant Aged About 39 Years R/o Fo-6, S.B.I. Godom Road, Lingiyadih Thana Sarkanda Tahsil And District Bilaspur, Chhattisgarh 2 - Smt. Prabha Mahant W/o Bala Das Mahant Aged About 35 Years R/o Fo-6, S.B.I. Godom Road, Lingiyadih Thana Sarkanda Tahsil And District Bilaspur, Chhattisgarh 3 - Shadhil Mahant S/o Bala Das Mahant Aged About 13 Years : Through Natural Guardian Father Appellant No.1 -Bala Das Mahant, R/o Fo-6, S.B.I. Godom Road Lingiyadih Thana Sarkanda Tahsil And District Bialspur, Chhattisgarh ... Appellant(s) versus 1 - Ganesh Kumar Sarvansh S/o Devi Prasad Sarvansh Aged About 21 Years R/o Satnamipara, State Mantel Medical Hospital Center Sendri, District Bilaspur, (C.G.), (Driver Of The Offendi Vehicle Motor Cycle No. C. G. 10/A.L./1049), Chhattisgarh 2 - Shriram General Insurance Company Limited Through Branch Manager, Shriram General Insurance Company Limited, Branch Office Plit No. 01, 4th Floor Maruti Heights, Inside Of Sky Maruti Dealer, Near R.K. Mall, G. E. Road, Raipur, Tahsil And District Raipur, (C.G.), (Insurer Of The Offending Vehicle Motor Cycle No. C. G. 10/A.L./1049), Chhattisgarh ... Respondent(s) 2 For Appellant(s) : Ms. Shalini Jangde, counsel on behalf of Mr. A.L. Singroul, Advocate. For Respondent No.2 : Mr. Pravesh Sahu, counsel on behalf of Mr. P.R. Patankar, Advocate. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board (14.08.2026) 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 30.11.2021, passed in Claim Case No.1142/2019, whereby the learned Claims Tribunal has awarded a total sum of Rs.14,04,392/- as compensation for the death of Late Harsh @ Anshu Mahant, who died in a road accident which took place on 28.06.2019. 2. Learned counsel for the appellants submits that the learned Claims Tribunal has awarded inadequate amounts under the other conventional heads. He further submits that the claim petition was filed by three claimants, (the father, mother and brother), but consortium was awarded to only two of them. Accordingly, the amount under the head of consortium deserves to be suitably enhanced in view of the judgment of the Hon’ble Supreme Court in National Insurance Company Ltd. v. Pranay Sethi & Ors., reported in (2017) 16 SCC 680. 3. Mr. Pravesh Sahu, learned counsel appearing for respondent No.2/Insurance Company supporting the impugned award submits that the learned Claims Tribunal has awarded just and proper compensation, which needs no interference by this Court. 4. I have heard learned counsel appearing for the appellants and 3 respondent No.2 & perused the record of the Tribunal, including award impugned. 5. Upon perusal of the impugned award, it is evident that the learned Claims Tribunal has awarded Rs.15,000/- towards loss of estate, Rs.15,000/- towards funeral expenses, and Rs.80,000/- (Rs.40,000/- each to two claimants) towards loss of consortium, aggregating to Rs.1,10,000/- under the conventional heads. While awarding the aforesaid amounts, the Tribunal has not awarded any amount towards filial consortium to claimant No.3, the minor brother of the deceased. Thus, the award under the head of consortium is liable to be enhanced by granting appropriate compensation towards filial consortium to claimant No.3, in terms of the principles laid down in Pranay Sethi (supra). Accordingly, the amount payable towards consortium is enhanced to Rs.1,20,000/-, i.e., Rs.40,000/- each to the three claimants. 6. Thus, the compensation payable under the conventional heads is recomputed as under :- S.No. Heads Awarded by the Tribunal Awarded by this Court 01. Towards Loss of consortium to all the 3 claimants Rs.80,000/- Rs. 40,000x3 = Rs. 1,20,000/- Total Rs. 80,000/- Rs. 1,20,000/- 7. Since, the learned Tribunal has already awarded Rs.80,000/- under the conventional heads, the appellants become entitled to an additional sum of Rs.40,000/- (Rs.1,20,000 – 80,000) under the said head. 8. In the result, the appeal is partly allowed. The claimants/appellants shall be entitled to get Rs. 40,000/- in addition to what is already awarded by the claims Tribunal. The 4 enhanced amount shall carry interest @ 6% from the date of filing of the claim petition before the Tribunal till its realization. The impugned award stands modified to the above extent and rest of the conditions shall remain intact. 9. The Registry is further 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 a co-ordination of Secretary, Legal Aid of the concerned area wherein the claimants resides. Sd/- (Sanjay Kumar Jaiswal) Judge Pekde Digitally signed by VIJAY BHARATRAO PEKDE Date: 2026.08.18 15:51:03 +0530