1 CGHC010151612026 2026:CGHC:41003 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1005 of 2026 1 - Mahendra Kumar Patel S/o Panchram Patel Aged About 48 Years R/o Village Gindola, P.S. Lavan, Distt. Balouda Bazar Bhatapara, Chhattisgarh. 2 - Smt. Bharti Bai Patel W/o Mahendra Kumar Patel Aged About 44 Years R/o Village Gindola, P.S. Lavan, Distt. Balouda Bazar Bhatapara, Chhattisgarh. 3 - Minor Yuvraj Patel S/o Mahendra Kumar Patel Aged About 15 Years Minor Through Legal Guardian Father Mahendra Kumar Patel, S/o Panchram Patel, Aged About 48 Years, R/o Village Gindola, P.S. Lavan, Distt. Balouda Bazar Bhatapara, Chhattisgarh. 4 - Minor Yamini Kumari Patel D/o Mahendra Kumar Patel Aged About 17 Years Minor Through Legal Guardian Father Mahendra Kumar Patel, S/o Panchram Patel, Aged About 48 Years, R/o Village Gindola, P.S. Lavan, Distt. Balouda Bazar Bhatapara, Chhattisgarh. ...Appellant(s) versus 1 - Suresh Kumar Patel S/o Ramesh Lal Patel Aged About 29 Years R/o Aama Dharsa Gouthan, Village Pangaon, P.S. City Kotwali, Balouda Bazar, Distt. Balouda Bazar Bhatapara, Chhattisgarh. (Driver Of Alleged Vehicle Truck Bearing Registration No. C.G. 22- K-0245) BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2026.09.22 10:42:44 +0530 2 2 - Sanoj Singh S/o Ram Naresh Singh Aged About 41 Years R/o Near Dashahara Maidan, Shakti Para Balouda Bazar, Distt. Balouda Bazar Bhatapara, Chhattisgarh. (Owner Of Alleged Vehicle Truck Bearing Registration No. C.G. 22- K-0245) 3 - Branch Manager Magma H.D.I. General Insurance Company Limited. Address- First Floor Pujari Complex, Block A-1, Dharam Nagar/tagore Nagar, Abhanpur Road, Raipur, Distt. Raipur, Chhattisgarh. (Insurer Of Alleged Vehicle Truck Bearing Registration No. C.G. 22- K-0245) ... Respondent(s) For Appellants : Mr. S. P. Sahu, Advocate For Respondent No.3 : Mr. K. P. S. Gandhi, Advocate Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board (21.09.2026) 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellants/claimants seeking enhancement of the amount of compensation, assailing the impugned award dated 13.01.2026 passed by learned Chief Motor Accident Claims Tribunal, Baloda Bazar, District Baloda Bazar-Bhatapara (C.G.), in Claim Case No.67/2025, whereby the Tribunal has awarded a total compensation of Rs.16,60,710/- on account of the death of Pushpendra Patel, who succumbed to the injuries sustained in a motor vehicle accident that occurred on 24.01.2025. 2. 2. Learned counsel appearing for the appellants/claimants submits that the Tribunal has committed a manifest error in assessing the monthly income of the deceased at Rs.10,428/-, whereas the deceased was working at a Choice Centre and earning Rs.20,000/- per month. It is contended 3 that, therefore, his income ought to have been assessed by treating him as a skilled worker. It is further submitted that there are four claimants, but the Tribunal has awarded filial consortium only to the parents and that too to the extent of Rs.48,000/- in total. Hence, it is prayed that the appeal be allowed and the compensation awarded by the Tribunal be suitably enhanced in accordance with law. 3. Per contra, learned counsel appearing for respondent No.3/Insurance Company 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. 4. I have heard learned counsel for the parties, considered their rival submissions and carefully perused the record. 5. It is pleaded that the deceased was earning Rs.20,000/- per month by working at a Choice Centre. However, no documentary evidence has been adduced to substantiate the said assertion. In the absence of any reliable evidence regarding the actual income or the nature of work performed by the deceased, learned Tribunal assessed his monthly income at Rs.10,428/- on the basis of the minimum wages prevailing on the date of the accident. This Court, therefore, finds no infirmity or illegality in the assessment of the monthly income of the deceased made by the Tribunal. 6. The accident occurred on 24.01.2025 and, at the time of the accident, the deceased was aged about 18 years. There are four claimants, i.e. the parents, one sister and one brother of the deceased. The Tribunal has considered the parents of the deceased to be dependants, whereas his brother and sister have not been treated as dependants. 4 7. Having regard to the date of the accident, the age of the deceased and the number of dependants, this Court finds that the addition towards future prospects, deduction towards personal expenses, multiplier applied and the amounts awarded towards funeral expenses and loss of estate are just, proper and in accordance with law. However, the Tribunal has awarded filial consortium only to the parents that too to the extent of Rs.48,000/- in total and has not awarded any amount towards loss of consortium to the brother and sister of the deceased. 8. In the facts and circumstances of the case and in view of the judgments of the Hon’ble Supreme Court in 'Magma General Insurance Co. Ltd. Vs. Nanu, reported in AIR Online 2018 SC 189 & National Insurance Co. Ltd. v. Pranay Sethi (2017) 16 SCC 680, all the four claimants are held entitled to loss of consortium at the rate of Rs.48,000/- each, totalling Rs.1,92,000/-. 9. Since the Tribunal has already awarded a sum of Rs.48,000/- towards filial consortium, the appellants/claimants shall be entitled to an additional sum of Rs.1,44,000/- (1,92,000 − 48,000) under the said head, 10.Consequently, the appellants/claimants are entitled to an additional/enhanced compensation of Rs.1,44,000/- 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 before the Tribunal till the date of its actual realization. The brother and sister of the deceased shall be entitled only to 48,000/- ₹ each. The remaining terms and conditions of the impugned award shall remain unaltered. 5 11.Accordingly, the appeal stands partly allowed and the impugned award is modified to the aforesaid extent. 12.The Registry is directed to communicate to the claimants, in writing, the enhanced/additional amount awarded by this Court over and above the amount awarded by the concerned Tribunal. Such communication shall be made in Hindi (Devanagari script). For this purpose, assistance of the Paralegal Volunteers may be availed in coordination with the Secretary, District Legal Services Authority of the concerned district where the claimants reside. Sd/- (Sanjay Kumar Jaiswal) Judge Khatai