\7 HIGH $0URT OF JUD!CATURE CHHATTISGARH: BILASPUR (Division Bench) GQRAM : Hon’ble Shri SR. NAYAK, CJ & Hon’bie Shri Satish K. Agnihoiri, J“ MISC. APPEAL NO.570 OF 2005 (1) Smt‘ Bhuneshwari Netam, Aged about 25 years, Widow 0f Late Dr. Shivcharan Netam (2) Ku. Priyanka Netam, aged about 4 years, Daughter of Late Dr. Shivcharan Neiam, (3) Kui Lokeshwari, ' Daughter of Late Shivcharart Netam, aged about 1 Vé years. (4) Tiharu Ram, Son af Late Prabhu Ram. aged about 65 years (5) Smt. Surjautin Bai, Wife of Tiharu Ram, aged about 61 years Appellant Nos. 2 and 3 are minors. through their natural guardian (Mother) Smt. Bhuneshwary Netam, widow 9f Late Dr. Shivcharan Netam. All are resident of irr front of Post Gffice, Jangalpara, Nagri, Tah. Nagri, Distt. Dhamtari (Chhattisgarh) Appeilants a “ VERSUS Respandenta (1) Upendra Singh Sengar alias Lalli Singh, aged about 21 years, $on of Nageshwar Singh, Resident of Anypam Nagar, Qtr. Ne.E-5, Raipur, Distt. Raipur (C.G.). (2) M/s Choudhari Tractors, Near Nirmal Saw Mill, Ralpur Road, Dhamtari, Distt. Dhamtari(C.G) (3) The Oriental lneurance §ompany Ltd. Dharntari (C.G.) Present: Mr. PP. Sahu. learned counsel for the appellants Mr. Prashant Mishra, Sr. Advocate with Mr. Sanjay 5 Agrawal, learned counsel for respondent No.31 insurance Company. ORAL ORDER (Passed on 01 §, i uf December 2005) The following OrdEr of the Court was passed by SR. Nayak, CJ: Whne assamng the impugned award it was contended by leamed caunse! for the appellants that the Tribunal is not justified in nut awarding any compensaticn towards lass of consortium to the widow of ther deceased,ifor ios's of love and affection to children and towards loss of esiate. lt was also contended that what is awarded rewards funeral expenses is very much on lawer side (2) it is trite that in the case of death of her husband, the widow is entitled to compensation Under the conventional head of loss of consortium. Similarly, the minor children of the deceased are aleo entitled to reasonable compensation towards lees of iove and affection. The claimants are aiso entitled to compensation under the conventionai head of loss to estate. Therefore, the Tribunal ought to have awarded compensation under the aforementioned conventional heads, (3) ln the facts and circumstances of the case and having regard to the age of the deceased on the date of death, we award a sum of Rs.2D,OOO/- towards loss of consortium to the widow; Rs.20,000l— towards toss of love and affection to the minor children and Rs.20‘000i- Uhdel‘ the head 0f IOSS t0 eState, in addition t0 What has beel'l awal'ded by the Tribunal. The impugned award ahall stand modified accordingly. in all other respects, the impugned award shall remain unaltered. There is no a» order as to costs. (4) The appeal is allowed'to the extent indicated above. r Sdl. gqblm