Chattisgarh High Court
Smt. Niranjana Netam vs Anil Sahu on 10 September, 2025
1
2025:CGHC:46007
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MAC No. 833 of 2021
1 - Smt. Niranjana Netam W/o Late Kunber Singh Netam Aged About 27
Years R/o - Khaspara, Barkachhar, Ward No. 11, Tahsil - Charama, District -
Uttar Bastar Kanker Chhattisgarh.
2 - Ku. Yukti Rani Netam D/o Late Kuber Singh Netam Aged About 6 Years
R/o - Khaspara, Barkachhar, Ward No.11, Tahsil - Charama, District - Uttar
Bastar Kanker (C.G.).
3 - Smt. Maharin Bai Netam W/o Mahara Ram Netam Aged About 61 Years
R/o - Khaspara, Barkachhar, Ward No.11, Tahsil - Charama, District - Uttar
Bastar Kanker (C.G.).
... Appellants
versus
1 - Anil Sahu S/o Narottam Sahu Aged About 20 Years R/o - Banrasi, Police
Station - Arang, District - Raipur Chhattisgarh.
2 - Haricharan Singh Sahani S/o Sardar Raghuveer Singh Sahani Aged
About 69 Years R/o - Gurunanak Nagar, Raipur, Police Station - Telibandha,
District - Raipur Chhattisgarh.
3 - The Oriented Insurance Company Limited Through Branch Manager,
Branch Office, Raipur, District - Raipur Chhattisgarh.
... Respondents
For Appellants : Ms. Pooja Yadav, Advocate holding brief of Mr.
Shivendu Pandya, Advocate
For Res. Nos. 1 & 2 : None though served
For Respondent : Mr. Bennoon, learned Counsel holding brief of Mr.
No.3 R. N. Pusty, Advocate
Hon'ble Shri Justice Sachin Singh Rajput
Order On Board
10/09/2025
1. This is claimants' appeal under Section 173 of the Motor Vehicles Act,
1988 (for short, 'MV Act, 1988') for enhancement of compensation
awarded by learned Motor Accident Claim Tribunal, Uttar Bastar
Kanker, District- Uttar Bastar knker (C.G.) (for short 'the Tribunal') in
Motor Accident Claims Case No. 77 of 2019 vide award dated 28 th of
June, 2021.
2. The appellants/claimants, who are unfortunate wife, mother & minor
daughter of deceased - Kuber Singh Netam, had filed an application
under Section 166 of the MV Act claiming Rs. 58,81,896/-, against
which, the learned Tribunal has awarded Rs. 4896320/- in favour of the
appellants/claimants as compensation on account of death of Kuber
Singh Netam in an unfortunate road accident that occurred on
16.09.2018 by rash and negligent driving of the offending vehicle
(truck) bearing registration No. CG04E7209 by its driver/ respondent
No.1 the said vehicle is owned by respondent by respondent No. 2 and
insured with respondent No. 3/ Insurance Company.
3. The Respondents No. 1 & 2/driver and owner of the offending vehicle
resisted the claim application on various grounds whereas Respondent
No. 3 / insurance company took a plea that there is a violation of terms
and conditions of the insurance policy, therefore, the insurance
company is not liable to pay compensation.
4. On the basis of above broad pleadings, learned Tribunal framed
issues, decided those issues in favour of the appellants / claimants and
awarded afore-stated compensation in favour of the claimants,
fastening liability of payment of compensation upon respondent No. 3 /
Insurance Company.
5. Learned counsel for the appellants submits that the award in all respect
is just and proper, however, learned Claims Tribunal failed to award
filial and parental consortium to the parent and daughter in light of the
judgment passed by the Hon'ble Supreme Court in case of Magma
General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram and ors.,
(2018) 18 SCC 130,
6. Per contra, learned counsel for respondent No. 3/Insurance Company
while supporting the impugned award would submit that the Claims
Tribunal awarded just & proper compensation to the claimants, which
does not call for any interference by this Court.
7. I have heard learned counsel for the parties, considered their rival
submissions and perused the records.
8. Appellant No. 2 is the minor daughter of the deceased and appellant
No. 3 is the mother of the deceased. Therefore, considering the
submission made by learned counsel for the appellant and the law laid
down by Hon'ble Supreme Court in the matter of Magma General
Insurance Co. Ltd ( Supra), this Court would deem it fit to award filial
and parent consortium of Rs. 40,000/-each to appellant No. 2 and 3.
9. For the foregoing reasons, the appeal is allowed in part. The appellant
No. 2 and appellant No. 3 are entitled for a further sum of 40,000/-
each/- i.e. Rs. 80,000/- over and above of Rs. 48,96,320/- awarded by
the Tribunal. The above enhanced amount of compensation of
Rs.80,000/- shall carry interest @ 6 percent per annum from the date
of filing of appeal i.e. 14.12.2021 till its actual payment. Rest of the
conditions mentioned in the award shall remain intact. The award
stands modified to the above extent.
10. The respondent No. 3/ Insurance Company Limited is granted 60 days'
time to deposit enhanced amount of compensation of Rs. 80,000/-
along with interest @ 6.5%pa before the concerned Tribunal. After
depositing the enhanced amount of compensation by respondent
No.3/insurance company, learned Claims Tribunal shall pass
appropriate order for apportionment, investment and disbursement.
Sd/-
(Sachin Singh Rajput )
Judge
Ami
AMITA Digitally signed by AMITA
DUBEY
DUBEY Date: 2025.09.19 18:24:14
+0530
