1 2026:CGHC:19113 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1880 of 2019 1 - Smt. Jaykanti Sagar W/o Late Balram Sagar Aged About 36 Years R/o Ram Mandir Marg, Sanjay Gandhi Ward Jagdalpur District Bastar Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh 2 - Rounak Sagar S/o Late Balram Sagar Aged About 12 Years Minor Represented Through There Natural Guardian (Mother) No. 01 R/o Ram Mandir Marg, Sanjay Gandhi Ward Jagdalpur District Bastar Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh 3 - Pratik Sagar S/o Late Balram Sagar Aged About 9 Years Minor Represented Through There Natural Guardian (Mother) No. 01 R/o Ram Mandir Marg, Sanjay Gandhi Ward Jagdalpur District Bastar Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh 4 - Mansi Sagar D/o Balram Sagar Aged About 5 Years Minor Represented Through There Natural Guardian (Mother) No. 01 R/o Ram Mandir Marg, Sanjay Gandhi Ward Jagdalpur District Bastar Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh 5 - Padam Sagar S/o Late Budra Aged About 70 Years R/o Ram Mandir HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2026.04.28 11:19:09 +0530 2 Marg, Sanjay Gandhi Ward Jagdalpur District Bastar Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh 6 - Smt. Taravati W/o Padam Sagar Aged About 57 Years R/o Ram Mandir Marg, Sanjay Gandhi Ward Jagdalpur District Bastar Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh ... Appellants versus 1 - Trilochan Patel S/o Tuma Ram Patel Aged About 36 Years R/o Panarapara Khdakghat Kohakapal Pravir Ward Jagdalpur District Bastar Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh 2 - Priyanka Bothra D/o Bhanwarlal Bothra Aged About 35 Years Secretary Bastar Sahari Sarwajanik Yatayat Socity Near Baldewv Estate Moti Talab Para Ramaiya Ward Jagdalpur District Bastar Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh 3 - The Oriental Insurance Company Limited Through Branch Manager, Branch Office- Hotel Laxman Avenue Hospital Road Jagdalpur District Bastar Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh ... Respondent(s) For Appellants : Mr. Vikas A. Shrivastava, Advocate For Respondents No. 1 & 2 : Mr. Aniruddha Shrivastava on behalf of Mr. Ashish Surana, Advocates For Respondent No. 3 : Mr. P.K. Tulsyan, Advocate 3 (SB - Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 25.04.2026 1. The instant appeal under Section 173 of the Motor Vehicle Act, 1988 has been preferred by the appellants/claimants against the impugned award dated 14/12/2018 (Annexure A/1) passed by learned 2nd Additional Motor Accident Claims Tribunal, Jagdalpur, District Bastar in Claim Case No. 18/18 seeking enhancement of compensation awarded by the Claims Tribunal. 2. Learned counsel for the appellants/claimants would make a solitary submission that the Claims Tribunal has only granted Rs. 40,000/- for loss of consortium to one claimant, however, it ought to have granted Rs. 40,000/- to all the six claimants, therefore, the amount of compensation is liable to be increased by Rs. 2,00,000/-, therefore, the instant appeal be allowed and the amount of compensation be increased. 3. Learned counsel for respondent No. 3/Insurance Company would support the impugned award and submit that the compensation awarded by the Claims Tribunal is just and proper and does not warrant any interference by this Court. 4 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the record with utmost circumspection. 5. A careful perusal of the award would show that the Claims Tribunal has only awarded Rs. 40,000/- under loss of consortium, however, it ought to have awarded Rs. 40,000/- to each of the six claimants, therefore, the impugned award is liable to be increased by Rs. 40,000/- x 5 = Rs. 2,00,000/- under the head of loss of consortium. 6. In that view of the matter, the amount of compensation of Rs. 15,68,770/- awarded by the Claims Tribunal is enhanced to Rs. 17,68,770/- and the appellants/claimants are held entitled for an additional compensation of Rs. 2,00,000/-. Respondent No. 3 is directed to deposit the amount of compensation as enhanced by this Court within a period of 3 months from the date of receipt of copy of this order. The additional amount of compensation shall carry interest @ 9% per annum from the date of filing of claim application before the Tribunal i.e. 08/01/2018 till its realization. Rest of the conditions of the impugned award shall remain intact. 5 7. Accordingly, this appeal is allowed and the impugned award is modified to the extent as indicated herein-above. Sd/- (Sanjay K. Agrawal) Judge Harneet