1 CGHC010133352021 2026:CGHC:36974 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 315 of 2021 1. Smt. M. Kasturi W/o Late M. Aannand Rao Aged About 65 Years R/o House No. B/66 Pawan Vihar Colony, New Rajendra Nagar, Raipur P. S. Rajendra Nagar, District Raipur Chhattisgarh 2. P. Sunita D/o Late M. Aanand Rao Aged About 41 Years R/o House No. B/66 Pawan Vihar Colony, New Rajendra Nagar, Raipur P. S. Rajendra Nagar, District Raipur Chhattisgarh 3. P. Sangita D/o Late M. Aanand Rao Aged About 37 Years R/o House No. B/66 Pawan Vihar Colony, New Rajendra Nagar, Raipur P. S. Rajendra Nagar, District Raipur Chhattisgarh ... Appellants versus 1. Domar S/o Tijuram Dheevar R/o Paloda, P. S. Mandir Hasod, District Raipur Chhattisgarh (Driver Of City Bus No. C. G.-04-E- 2824) 2. Commissioner Nagarpalik Nigam, Gandhi Maidan, Raipur, P. S. City Kotwali, Tahsil And District Raipur Chhattisgarh (Owner Of City Bus No. C. G.-04-E- 2824) 3. The Oriental Insurance Co. Ltd. Through Divisional Manager (Division No. 1) The Oriental Insurance Co. Ltd., BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2026.08.20 11:26:38 +0530 2 Jail Road, Raipur, Tahsil And District Raipur Chhattisgarh (Insurer Of City Bus No. C. G.-04-E- 2824) ... Respondent(s) For Appellants : Mr. Rakesh Kumar Thakur, Advocate For Respondent No.2 : Ms. Prashansana Gary, Advocate, on behalf of Mr. R. K. Gupta, Advocate For Respondent No.3 : Mr. Pankaj Agrawal, Advocate Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board (18.08.2026) 1. Heard on admission. 2. The appeal is admitted. 3. 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 28.01.2021 passed by the Chief Motor Accident Claims Tribunal, Raipur (C.G.), in Claim Case No.78/2018, whereby the Tribunal has awarded a total compensation of Rs.7,39,285/- on account of the death of M. Aanand Rao, who succumbed to the injuries sustained in a motor vehicle accident that occurred on 17.10.2017. 4. Learned counsel appearing for the appellants submits that there are three claimants; however, learned Tribunal has awarded compensation towards loss of consortium only to one claimant, thereby depriving the other two claimants of the compensation legally payable under the said head. It is, therefore, submitted that the compensation awarded under the conventional heads deserves to be suitably enhanced in accordance with the settled principles of law. 3 5. Per contra, learned counsel appearing for the respondents 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. 6. I have heard learned counsel for the parties at length, considered their rival submissions and carefully perused the record. 7. Upon perusal of the impugned award, it is evident that the Tribunal has awarded compensation towards loss of consortium only to one of the three claimants. 8. It is not in dispute that there are three claimants i.e. the wife and two daughters of the deceased. In view of the settled legal position, each of the claimants is entitled to compensation towards loss of consortium. Accordingly, all the three claimants shall be entitled to compensation of Rs.40,000/- each towards loss of consortium, totalling Rs.1,20,000/-. 9. Since the Tribunal has already awarded a sum of Rs.40,000/- under the said head, the appellants/claimants shall be entitled to an additional sum of Rs.80,000/- (Rs.1,20,000 - 40,000) towards loss of consortium. 10.Consequently, the appellants/claimants are held entitled to an additional/enhanced compensation of Rs.80,000/- 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 its actual realization. The remaining terms and conditions of the impugned award shall remain unaltered. 4 11.Accordingly, the appeal stands partly allowed and the impugned award is modified to the aforesaid extent. 12.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