1 2026:CGHC:19107 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 428 of 2021 1 - Smt. Rama Devi Mandavi Wd/o Late Sampat Mandavi Aged About 55 Years R/o Village Airamnar Post Naimed Tahsil And District Bijapur Chhattisgarh., District : Bijapur, Chhattisgarh. 2 - Miss Kirti @ Kriti Mandavi D/o Late Sampat Mandavi Aged About 20 Years R/o Village Airamnar Post Naimed Tahsil And District Bijapur Chhattisgarh., District : Bijapur, Chhattisgarh. ... Appellants versus 1 - Suresh Kumar Telam S/o Bhima Telam Aged About 22 Years R/o Gangapara Village Midate Tahsil And District Bijapur Chhattisgarh. (Driver Of The Vehicle)., District : Bijapur, Chhattisgarh. 2 - Yogesh Kumar Mandavi S/o Sampat Ram Mandavi Aged About 30 Years R/o Village Airamnar Post Naimed Tahsil And District Bijapur Chhattisgarh. (Owner Of The Vehicle)., District : Bijapur, Chhattisgarh. 3 - The Ifco Tokyo General Insurance Co. Ltd. Through Branch Managar Shop No. 205 Second Floor M.M. Silver Plaza Mahavir Nagar, Ring Road No. 01 Raipur, District Raipur Chhattisgarh. (Insurer), District : Raipur, Chhattisgarh. ... Respondent(s) For Appellants For Res. No. 1 & 2 : Mr. Abhishek Nirala, Advocate holding brief of Mr. Manoj Chauhan, Advocate None present, though served. For Res. No. 3 : Mr. Swapnil Thawani, Advocate 2 Hon'ble Shri Justice Sachin Singh Rajput Order On Board 25/04/2026 1. Assailing the legality, validity and correctness of the impugned award dated 18.03.2021 passed by the Motor Accident Claims Tribunal, Bastar place Jagdalpur (C.G.) in Claim Case No. 113/2019, this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short MV Act) has been filed by the appellants/ claimants. 2. By the impugned award, against the claim of Rs. 82,50,000/-, the learned Claims Tribunal has awarded compensation of Rs.36,62,353/- in favour the appellants/claimants, who are unfortunate widow and daughter of deceased – Sampat Ram Mandavi, on account of his death in a motor accident that occurred on 27.03.2019 due to rash and negligent driving of the offending vehicle (Scorpio) bearing Registration No. CG 18 N-0973 driven by its driver/respondent No.1, owned by respondent No. 2 and insured with the Insurance Company/respondent No. 3 herein. 3. As per the pleadings made in the claim application, deceased - Sampat Ram Mandavi, who was aged about 60 years, was working on the post of Headmaster in the School Education Department of State Government and was earning Rs. 74,000/- per month after deduction of income tax, thus, the above-stated compensation was claimed by the claimants. 4. The claim application was resisted by respondents on various counts including Insurance Company taking a plea of violation of terms & conditions of the Insurance Policy. 3 5. On the basis of the above broad pleadings made in the instant claim application, learned Claims Tribunal has framed five issues and after appreciating the material available on record decided the same in favour of the appellants/claimants and awarded above stated compensation. 6. Learned counsel for the appellants / claimants submits that learned Claims Tribunal has fallen in error in awarding low amount of compensation, which deserves to be enhanced suitably. 7. Per contra, learned counsel for respondent No. 3 / Insurance Company while opposing the submission made by counsel for the appellants would submit that in the facts & circumstances of the case, amount of compensation awarded by the Claims Tribunal is just & proper, which does not call for any interference in the instant appeal. Hence, the appeal filed by the claimants has no merit and the same is liable to be dismissed. 8. I have heard learned counsel for the parties, considered their rival submissions and perused the records of the Claims Tribunal. 9. The Claims Tribunal, on the basis of salary slip of the deceased for the months of November & December, 2018 found monthly income of the deceased as Rs. 70,179/- and yearly income of Rs. 8,42,148/- and after due deduction of the income tax has found yearly income of the deceased as Rs. 7,61,218/- considering the age of the deceased as 61 years for computation of compensation. After deducting 1/3rd of it towards his personal expenses, assessed claimants' dependency at Rs. 5,07,479/-- per annum; applied multiplier of 7 and awarded a sum of Rs. 35,52,353/- towards loss of dependency. The Tribunal further 4 awarded a sum of Rs. 15,000/- towards funeral expenses, Rs. 15,000/- towards loss of estate and Rs. 40,000/- for loss of consortium in favour of the appellant No. 1. Thus, awarded aforesaid amount of compensation to the claimants. Accordingly, amount of compensation awarded by the Claims Tribunal on the basis of proved income is just & proper and based on proper appreciation of evidence. However, though the Tribunal has awarded Rs.20,000/- - Rs.20,000/- towards filial consortium in favour of both the appellants, respectively, but that is included as spouse consortium. Thus, in the opinion of this Court, in additional to the amount already awarded to the claimants, an amount of Rs.40,000/- as parental consortium to appellant No. 2 needs to be awarded. Thus, further award of Rs. 40,000/- would make the amount of compensation awarded by the Tribunal as just and proper compensation. 10. In view of foregoing, the appeal is allowed in part. The compensation of Rs. 36,62,353/- awarded by the Tribunal is enhanced to Rs. 37,02,353/-. The appellant is entitled for a further sum of Rs. 40,000/- over and above the amount of Rs. 36,62,353/- awarded by the Tribunal. 11.The above enhanced amount of compensation of Rs. 40,000/- shall carry interest @ 6 percent per annum from the date of filing of appeal, till its actual payment. Rest of the conditions mentioned in the award shall remain intact. The award stands modified to the above extent. 12. The respondent No. 3/The IFFCO Tokyo General Insurance Company Ltd. is granted two months’ time to deposit enhanced amount 5 of compensation of Rs. 40,000/- along with interest before the concerned Tribunal. Thereafter, the Claims Tribunal shall pass appropriate order with regard to disbursement of amount of compensation to the claimants. Sd/- (Sachin Singh Rajput ) Judge Ami