1 CGHC010063262023 2026:CGHC:39178 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 286 of 2023 1 - Smt. Chitrarekha Kaushik W/o Late Shri Mathura Prasad Kaushik Aged About 38 Years R/o Village Parsada, Tahsil And District Bilaspur (C.G.) 2 - Ku. Yamini Kaushik D/o Late Shri Mathura Prasad Kaushik Aged About 15 Years (Now Aged About 23 Years), R/o Village Parsada, Tahsil And District Bilaspur (C.G.) 3 - Harsh Kaushik S/o Late Shri Mathura Prasad Kaushik Aged About 12 Years (Now Aged About 20 Years) R/o Village Parsada, Tahsil And District Bilaspur (C.G.) ... Appellants versus 1 - Shri Parmeshwar Sahu S/o Shri Malikram Sahu Aged About 30 Years R/o Village Mangla Tahsil And District Bilaspur (C.G.) (Vehicle Owner And Driver) 2 - Shri Nanku @ Ashok Kumar Gond S/o Shri Latel Aged About 25 Years R/o Village Mangla Tahsil And District Bilaspur (C.G.) 3 - Branch Manager I.C.I.C.I. Lombard Motor Insurance V.R. Plaza, Link Road, Bilaspur (C.G.) (Insurance Company) ... Respondent(s) For Appellants : Mr. Rama Kant Pandey, Advocate For Respondent No.3 : Mr. KPS Gandhi, Advocate For Respondents No.1 & 2 : None. ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA 2 Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board 07.09.2026 1. Heard on I.A. No.01/2023 – an application for condonation of delay. 2. Upon due consideration and for the reasons assigned in the application, the same is allowed and delay of 262 days in filing the appeal is hereby condoned. 3. Heard on admission. 4. Admit. 5. With the consent of the parties, the matter is heard finally. 6. 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 12.02.2021, passed in MACT No.398/2015 by learned 3rd Additional Motor Accident Claims Tribunal, Bilaspur C.G., whereby the learned Claims Tribunal has awarded a total sum of Rs.37,73,000/- as compensation for the death of Mathura Prasad Kaushik, who died in a road accident which took place on 27.04.2015. 7. Learned counsel appearing for the appellants submits that the learned Claims Tribunal has erred in awarding an inadequate 3 amount of compensation in the facts and circumstances of the present case. He fairly submits that, although the learned Claims Tribunal has rightly assessed the income of the deceased, it has erred in awarding an inadequate amount of compensation under the other conventional heads. It is, therefore, submitted that the compensation awarded under those heads deserves suitable enhancement. Accordingly, it is prayed that the instant appeal be allowed and the compensation awarded by the learned Claims Tribunal be suitably enhanced. 8. Learned counsel for respondent No.3/insurance company would submit that the Claims Tribunal after appreciating oral and documentary evidence available on record rightly awarded the compensation amount. Hence, the compensation awarded by the Claims Tribunal is just and proper and requires no interference. 9. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection. 10. In the case at hand, it is true that the learned Claims Tribunal has assessed the monthly income of the deceased at Rs.23,463/-, which, in the considered opinion of this Court, has been rightly assessed. However, under the other conventional heads, the learned Tribunal has awarded a total sum of only Rs.1,00,000/-, whereas the appellants are entitled to a sum of Rs.1,90,000/- under the said heads. To that extent, the impugned award 4 deserves to be modified and the compensation suitably enhanced. 11. 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 & Ors3, this Court is computing the compensation as below:- Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1 Total Loss of Dependency Rs.31,73,000 Rs.31,73,000 2. Treatment Expenditure Rs.5,00,000/- Rs.5,00,000/- 3. Funeral Expenditure Rs.45,000 Rs.15,000/- 4. Loss of Estate Rs.15,000/- Rs.15,000/- 5 Loss of Consortium Rs.40,000/- Rs.1,20,000/- Total Rs. 37,73,000/- Rs. 38,23,000/- 12. In view of the aforesaid analysis, the amount of compensation of Rs.37,73,000/- awarded by the Claims Tribunal is enhanced to Rs.38,23,000/-. Hence, after deducting the amount of Rs.37,73,000/-, the appellants are held entitled for an additional amount of Rs.50,000/-. The additional amount of compensation shall carry interest @ 6% per annum from filing of the claim application before the Claims Tribunal till its realization. Rest of the conditions of the impugned award shall remain intact. 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 5 13. In the result, the appeal is partly allowed and the impugned award is modified to the extent as indicated herein-above. 14. The Registry is directed to communicate the claimants in writing “the enhanced 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 resides. Sd/- (Sanjay Kumar Jaiswal) Judge Saxena