1 CGHC010012252025 2026:CGHC:41712 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 281 of 2025 1 - Jahida Bano Wd/ Late Jabbar Khan Aged About 49 Years R/o Ward No.1 Surdongar Bazarpara Keshkal P.S. And Tahsil Keshkal District - Kondagaon (C.G.) (Claimants) 2 - Sartaj Khan S/o Late Jabbar Khan Aged About 32 Years R/o Ward No. 1 Surdongar Bazarpara Keshkal P.S. And Tahsil Keshkal District - Kondagaon (C.G.) 3 - Farjana Bano D/o Late Jabbar Khan Aged About 29 Years R/o Ward No. 1 Surdongar Bazarpara Keshkal P.S. And Tahsil Keshkal District - Kondagaon (C.G.) ... Appellants(s) versus 1 - Said Khan S/o Late Chand Khan Aged About 34 Years R/o Shitalapara Kanker Tahsil And P.S. Kanker District - North Bastar Kanker (Driver Of The Vehicle ) 2 - Sohel Khan S/o Yunus Khan Aged About 23 Years R/o Sanjay Nagar Kanker Tahsil And P.S. Kanker District - North Bastar Kanker (C.G.) 3 - Branch Manager Cholamandalam M.S. General Insurance Company Limited Branch Office Second Floor Simiran Tower L.I.C. Building Pandari Raipur District - Raipur (C.G.) (Insurer) ... Respondent(s) For Appellant(s) : Mr. P. K. Tulsyan, Advocate, with BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2026.09.26 11:30:26 +0530 2 Mr. Abhishek Nirala, Advocate For Respondent No.3 : Mr. Prashant Sahu, Advocate Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board (25.09.2026) 1. With the consent of learned counsel appearing for the appellants and the Insurance Company, the matter is heard finally. 2. 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 awarded by the Motor Accident Claims Tribunal, Kanker, District North Bastar Kanker (C.G.), vide impugned award dated 28.11.2024 passed in Motor Accident Claim Case No.74/2024, whereby the Tribunal has awarded a total sum of Rs.9,87,096/- as compensation on account of the death of Jabbar Khan, who died in a road accident that occurred on 17.05.2024. 3. Learned counsel appearing for the appellants submits that the amount awarded under the conventional heads is on the lower side and deserves suitable enhancement in accordance with the settled principles of law. It is, therefore, prayed that the compensation awarded under the conventional heads may suitably be enhanced. 4. 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. 3 5. I have heard learned counsel for the parties, considered their rival submissions and carefully perused the record of the case. 6. Upon perusal of the impugned award, it is evident that the Tribunal has awarded a sum of Rs.15,000/- towards loss of estate, Rs.15,000/- towards funeral expenses and Rs.44,000/- each towards loss of consortium to three claimants, amounting to Rs.1,32,000/- under the said head. Thus, the total amount awarded under the conventional heads comes to Rs.1,62,000/-. 7. As per the judgment of the Hon’ble Supreme Court in National Insurance Company Ltd. v. Pranay Sethi, (2017) 16 SCC 680, the amounts awarded under the conventional heads are liable to be enhanced by 10% at an interval of every three years from the date of the judgment, i.e., 31.10.2017. Since the accident in the present case occurred on 17.05.2024, after the expiry of two successive periods of three years from the date of the judgment, the amounts under the conventional heads are liable to be enhanced accordingly. Thus, the amount payable towards loss of estate and funeral expenses is enhanced to Rs.18,000/- each, whereas the amount payable towards loss of consortium is enhanced to Rs.48,000/- each for the three claimants, totalling Rs.1,44,000/-. 8. Accordingly, the compensation payable under the conventional heads is recomputed as under: Head Amount Loss of Estate Rs.18,000/- Funeral Expenses Rs.18,000/- Loss of Consortium (Rs.48,000/- × 3) Rs.1,44,000/- Total Rs.1,80,000/- 4 9. Since the Tribunal has already awarded a sum of Rs.1,62,000/- under the conventional heads, the appellants/claimants are entitled to an additional sum of Rs.18,000/- (1,80,000 – 1,62,000) towards the said heads. 10.Consequently, the appellants/claimants shall be entitled to an enhanced compensation of Rs.18,000/- over and above the amount already awarded by the Tribunal. The aforesaid 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. 11.Accordingly, the appeal stands partly allowed. The impugned award is modified to the extent indicated hereinabove. 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