1 CGHC010438582024 2026:CGHC:34279 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 25 of 2025 1 - Rameshwari Wd/o Late Chandrabhushan Aged About 33 Years R/o Village Banka, Post Office And Tahsil Beltara, Police Station Ratanpur District Bilaspur Chhattisgarh 2 - Yashika Kumari D/o Late Chandrabhushan Aged About 9 Years Minor Through Legal Guardian Mother Rameshwari W/o Late Chandrabhushan, R/o Village Banka, Post Office And Tahsil Beltara, Police Sation Ratanpur District Bilaspur Chhattisgarh 3 - Ayush Kumar S/o Late Chandrabhushan Aged About 8 Years Minor Through Legal Guardian Mother Rameshwari W/o Late Chandrabhushan, R/o Village Banka, Post Office And Tahsil Beltara, Police Station Ratanpur District Bilaspur Chhattisgarh 4 - Yamuna Bai W/o Late Fagun Singh Aged About 54 Years R/o Village Banka, Post Office And Tahsil Beltara, Police Station Ratanpur District Bilaspur Chhattisgarh ... Appellant(s) versus 1 - Tiharu Ram S/o Bahorik Sahu Aged About 35 Years R/o Village Hardikala, Tona, Police Station - Sirgitti, Tahsil And District Bilaspur Chhattisgarh (Driver Of Offending Vehicle Bolero Bearing Registration CG-10-S-4982) 2 - Asharam Banjare S/o Chhedilal Banjare Aged About 54 Years R/o Village Hardikala, Tona, Police Station Sirgitti, Tahsil And District 2 Bilaspur Chhattisgarh (Owner Of Offending Vehicle Bolero Bearing Registration CG-10-S-4982) 3 - The Branch Manager New India Insurance Company Limited, Branch Office Rama Trade Center, Old Bus Stand, In Front Of Rajiv Plaza, Tahsil And District Bilaspur Chhattisgarh (Insurer Of Offending Vehicle Bolero Bearing Registration CG-10-S-4982) ... Respondent(s) For Appellants/Claimants : Mr. C.K. Sahu, Adv. For Respondent No.3 : Mr. Mohd. Azad Siddique, Adv. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board (05.08.2026) 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 03.09.2024, passed in Claim Case No.899/2023, whereby the learned Claims Tribunal has awarded a total sum of Rs.20,80,000/- as compensation for the death of Late Chandrabhushan, who died in a road accident which took place on 04.04.2023. 2. Learned counsel for the appellants would submit that the learned Claims Tribunal has awarded a lesser amount under other conventional heads, and has failed to grant the requisite enhancement of 10% towards the conventional heads, viz loss of estate, funeral expenses and consortium, in terms of the law laid down by the Hon’ble Supreme Court. It is, therefore, submitted that the compensation awarded under the conventional heads deserves suitable enhancement in accordance with the settled 3 principles of law. 3. Mr. Mohd. Azad Siddique, learned counsel appearing for respondent No.3/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 respondent No.3 & perused the record of the Tribunal, including award impugned. 5. 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.1,60,000/- (Rs.40,000 each for 4 claimants) towards loss of consortium, aggregating to Rs.1,90,000/- under the conventional heads. Since the accident occurred on 04.04.2023, the claimants are entitled to an enhancement of 10% on the amounts payable under the conventional heads as per National Insurance Co. Ltd. v. Pranay Sethi, reported in (2017) 16 SCC 680. Accordingly, the amounts payable towards loss of estate and funeral expenses stand enhanced to Rs.18,000/- each, while the amount payable towards loss of consortium comes to Rs.48,000/-. 6. It is also not in dispute that there are four claimants. Hence, all the claimants shall be entitled towards loss of consortium of Rs.48,000/- each, totalling Rs.1,92,000/-. 7. 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 Rs.1,60,000/- Rs. 48,000x4 = 4 consortium to all the 4 claimants Rs. 1,92,000/- 02. Towards loss of estate Rs. 15,000/- Rs. 18,000/- 03. Towards funeral expenses Rs. 15,000/- Rs. 18,000/- Total Rs. 1,90,000/- Rs. 2,28,000/- 8. Since, the learned Tribunal has already awarded Rs.1,90,000/- under the conventional heads, the appellants become entitled to an additional sum of Rs.38,000/- (Rs.2,28,000 – 1,90,000) under the said heads. 9. In the result, the appeal is partly allowed. The claimants/appellants shall be entitled to get Rs. 38,000/- in addition to what is already awarded by the claims Tribunal. The 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. 10. 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