Omi Devi And Ors vs Naresh Kumar

FAO No.1608 of 2021 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
FAO No.1608 of 2021(O&M)
RESERVED ON: 03.11.2026
PRONOUNCED ON: 05.11.2026
UPLOADED ON: 05.11.2026
Smt. Omi Devi and others …..Appellants
VERSUS
Naresh Kumar and others .....Respondents
CORAM: HON’BLE MR. JUSTICE DEEPINDER SINGH NALWA
Present: Mr. Kunal Phogat, Advocate for the appellants.
Mr. Gurpreet Singh Jaiya, Advocate for respondent
No.3-Insurance Company.
*
DEEPINDER SINGH NALWA, J.(Oral)
1 . The present appeal has been filed by the appellants/claimants
against the award dated 21.01.2020 passed by the Motor Accident Claims

Tribunal, Karnal (for short, ‘the Tribunal’) seeking enhancement of
compensation.
2. The brief facts of the case are that on 10.12.2017 Balraj (since
deceased) was going from Naraina to Kachhwa on his motor cycle bearing
registration No.HR-05-AC-5463, which was being driven by him at a
normal and moderate speed and on left hand side of the road and observing
all the traffic rules. At about 6.30 PM, when Balraj (since deceased)
reached near Vinayak College on Taraori-Kachhwa Road, then, he was hit
by a motor cycle bearing registration No.HR-05-AP-6481 (hereinafter to
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FAO No.1608 of 2021 (O&M) -2-
be referred as ‘the offending vehicle’) which came from Kachhwa side,
being driven by one Naresh Kumar (driver of the offending vehicle) in a
rash, careless, negligent manner and without observing the traffic rules, on
wrong side of the road and had caused the accident in question. Due to the
accident in question, Balraj (since deceased) received multiple, serious,
grievous and burn injuries on his vital parts of body. After the accident, the
Balraj (since deceased) was taken to Kalpna Chawla Government Medical
College, Karnal, where, he was declared brought dead. An FIR No.1210
dated 11.12.2017 was registered under Sections 279 and 304-A IPC at
Police Station Sadar, Karnal. As the accident was caused due to the sole
rash and negligent driving of Naresh Kumar while driving the offending
vehicle, the parents and brother of Balraj (since deceased) filed a claim
petition under Section 166 of the Motor Vehicles Act, 1988 before the
Tribunal seeking compensation of Rs.50 lakhs along with interest @ 24%
per annum from the date of accident till realization on account of death of
Balraj (since deceased) in a motor vehicular accident.
3. Notice was issued to the owner, driver and Insurance
Company. Owner and driver of the offending vehicle filed their joint
written statement. It was the case of the owner and driver of the offending
vehicle in their written statement that the accident in question took place
due to sole rash and negligent driving of the Balraj (since deceased) and
driver- Naresh Kumar was not responsible for causing the accident in
question. On the basis of abovesaid averment, it was prayed that the claim
petition filed by the claimants was liable to be dismissed.
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4. Insurance Company also filed its separate written statement. It
was the case of the Insurance Company in the written statement that no
such accident took place with the alleged offending vehicle and the same
was falsely involved by the claimants and their associates with the help of
police in order to grab compensation from the Insurance Company. It was
also the case of the Insurance Company that a false FIR was registered
against the driver in connivance with driver and owner of the offending
vehicle.
5. The Tribunal decided the claim petition in favour of the
claimants vide award dated 21.01.2020. A perusal of the award dated
21.01.2020 passed by the Tribunal would show that claimant No.1 was
held entitled for grant of compensation of Rs.12,01,000/- along with
interest @ 8% per annum from the date of filing of the claim petition till
realization. The driver, owner and Insurance Company of the offending
vehicle were held jointly and severally liable to pay the compensation. Out
of the awarded amount of compensation, 50% was ordered to be paid to
the appellant No.1/claimant No.1 – mother in cash through savings bank
account and remaining 50% of the amount of compensation was to be
deposited in her name in a nationalized bank in the shape of FDR for a
period of five years.
6. Aggrieved against the abovesaid award dated 21.01.2020
passed by the Tribunal, appellants/claimants have filed the present appeal
seeking enhancement of compensation.
7. The only contention raised by learned counsel appearing on
behalf of the appellants/claimants is that while awarding compensation, the
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Tribunal has not granted any compensation under the head of loss of
consortium. Learned counsel submits that as per settled law, all the
claimants are entitled for compensation under the head of loss of
consortium.
8. Learned counsel appearing on behalf of respondent No.3-
Insurance Company submits that adequate compensation has been awarded
by the Tribunal and, as such, the same calls for no interference.
9. I have heard learned counsel appearing on behalf of the
parties and perused the paper-book with their able assistance.
10. The only issue involved in the present appeal is whether the
appellants/claimants are entitled for grant of compensation under the head
of loss of consortium. It is well settled law that all the family members of
the deceased are entitled to compensation under the head of loss of
consortium. Reliance is placed upon the judgment passed by the Hon’ble
Supreme Court titled as Magma General Insurance Company Ltd. Vs.
Nanu Ram alias Chuhru Ram and others, 2018 (4) RCR (Civil) 333,
wherein the Hon’ble Supreme Court has held that family members of the
deceased are entitled to compensation under the head of loss of
consortium. The relevant extract from the said judgment is reproduced
hereinbelow:-
“8.7 A Constitution Bench of this Court in Pranay Sethi
(supra) dealt with the various heads under which compensation
is to be awarded in a death case. One of these heads is Loss of
Consortium.
In legal parlance, "consortium" is a compendious term which
encompasses 'spousal consortium', 'parental consortium', and
'filial consortium'.
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The right to consortium would include the company, care,
help, comfort, guidance, solace and affection of the deceased,
which is a loss to his family. With respect to a spouse, it would
include sexual relations with the deceased spouse. Rajesh and
Ors. v. Rajbir Singh and Ors. (2013) 9 SCC 54.
Spousal consortium is generally defined as rights pertaining to
the relationship of a husband-wife which allows compensation
to the surviving spouse for loss of "company, society,
cooperation, affection, and aid of the other in every conjugal
relation."
Parental consortium is granted to the child upon the premature
death of a parent, for loss of "parental aid, protection,
affection, society, discipline, guidance and training."
Filial consortium is the right of the parents to compensation in
the case of an accidental death of a child. An accident leading
to the death of a child causes great shock and agony to the
parents and family of the deceased. The greatest agony for a
parent is to lose their child during their lifetime. Children are
valued for their love, affection, companionship and their role
in the family unit.
Consortium is a special prism reflecting changing norms about
the status and worth of actual relationships. Modern
jurisdictions world-over have recognized that the value of a
child's consortium far exceeds the economic value of the
compensation awarded in the case of the death of a child. Most
jurisdictions therefore permit parents to be awarded
compensation under loss of consortium on the death of a child.
The amount awarded to the parents is a compensation for loss
of the love, affection, care and companionship of the deceased
child.
The Motor Vehicles Act is a beneficial legislation aimed at
providing relief to the victims or their families, in cases of
genuine claims. In case where a parent has lost their minor
child, or unmarried son or daughter, the parents are entitled to
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FAO No.1608 of 2021 (O&M) -6-
be awarded loss of consortium under the head of Filial
Consortium.
Parental Consortium is awarded to children who lose their
parents in motor vehicle accidents under the Act.”
11. Taking into consideration the facts of the present case and the
judgment referred above, all the appellants/claimants are held entitled to
compensation of an amount of Rs.40,000/- each under the head of loss of
consortium.
12. Accordingly, the appellants/claimants are held entitled to
enhanced compensation re-assessed as hereunder:-
Assessment
Date of Accident 10.12.2017
Age of deceased 30 years
Income minimum wages
Claimants Parents and brother of the deceased
1. Annual Income Rs.98,400/- (Rs.8200/-
x12)
2. Addition for future prospects @ 40% Rs.1,37,760/-
Rs.98,400 + Rs.39,360/-
Rs.68,880/-
3. Deduction for personal and living
expenses (1/2)
Rs.1,37,760/- (-) Rs.68,880/-
4. Multiplier 17
5. Total loss of dependency Rs. 11,70,960/- rounded
Rs.68,880/- x 17 off to Rs.11,71,000/-
6. Loss of Estate Rs.15,000/-
7. Funeral Expenses Rs. 15,000/-
8. Loss of consortium Rs. 1,20,000/-
Rs.40,000/- x 3
9. Amount awarded by Tribunal Rs. 12,01,000/-
10. Enhanced amount Rs.1,20,000/-
11. Final enhanced compensation Rs. 13,21,000/-
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FAO No.1608 of 2021 (O&M) -7-
13. In view of the above, the award dated 21.01.2020 passed by
the Tribunal is modified to an extent that appellants/claimants are held
entitled to final enhanced compensation of Rs.13,21,000/- along with
interest @ 8 % per annum (as awarded by the Tribunal) from the date of
filing of the claim petition till the date of actual realization. Out of the final
enhanced compensation, appellants No.2 and 3/claimants No.2 and 3
(father and brother) are entitled for Rs.40,000/- each under the head of loss
of consortium and appellant No.1/claimant No.1 (mother) is entitled for the
remaining final enhanced compensation of Rs.12,41,000/- along with
interest as awarded by the Tribunal.
14. Respondents No.1 to 3 i.e. driver, owner and Insurance
Company are directed to deposit the final enhanced compensation jointly
and severally along with interest with the Tribunal within a period of two
months from the date of passing of this judgment.
15. The Tribunal is further directed to disburse the final enhanced
compensation along with interest, in the accounts of appellants/claimants
in the manner apportioned above. The appellants/claimants are directed to
furnish their bank account details to the Tribunal.
16. The present appeal is allowed in the aforesaid terms.
17. Pending application(s), if any, shall also stand(s) disposed of.
NOVEMBER 05, 2026 (DEEPINDER SINGH NALWA)
‘D. Gulati’ JUDGE
Whether speaking/reasoned : yes/no
Whether reportable : yes/no
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