Claimants are entitled to separate compensation for loss of consortium under conventional heads in motor accident claims.

On January 28, 2021, the deceased, Hemsai Suryavanshi, was riding a motorcycle when he was struck by an offending vehicle (bearing registration No. CG-011-AY-1362) driven in a rash and negligent manner.

He succumbed to his injuries on February 10, 2021.

The claimants (widow, children, and mother) filed a claim under Section 173 of the Motor Vehicles Act, 1988, seeking compensation of Rs. 57,06,000/-.

The Motor Accident Claims Tribunal, Janjgir, awarded Rs. 16,49,307/- with 9% interest.

The appellants challenged this award, seeking enhancement specifically regarding compensation under conventional heads.

Whether the claimants are entitled to separate compensation for "loss of consortium" for each dependent under conventional heads.

Whether the lump-sum award of Rs. 77,000/- for conventional heads provided by the Tribunal was legally sufficient.

The Court primarily applied Section 173 of the Motor Vehicles Act, 1988, regarding appeals against claim awards.

It heavily relied on the precedent established by the Hon’ble Supreme Court in Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram & Ors. (2008) 18 SCC 130, which mandates that each dependent (spouse, children, and parents) is entitled to receive separate compensation for loss of consortium.

Furthermore, the court applied standardized rates for loss of estate and funeral expenses as per prevailing judicial guidelines.

The Court observed that while the Tribunal correctly assessed the deceased's income based on salary slips (applying a 15% future prospect hike and a 1/4 deduction for personal expenses), it erred in awarding a limited lump-sum of Rs. 77,000/- for conventional heads.

Applying the Magma General Insurance principle, the Court reasoned that all five claimants—the widow, three children (two minors), and the mother—were individually entitled to "loss of consortium" at Rs. 40,000/- each, plus a 10% statutory increase.

This re-calculation shifted the consortium total to Rs. 2,20,000/-.

Additionally, the Court adjusted the awards for "Loss of Estate" and "Funeral Expenses" to Rs. 16,500/- each to align with current legal standards.

The Court held that the appellants are entitled to an additional amount of Rs. 1,76,000/-.

The Insurance Company was directed to deposit the additional sum within 60 days, while all other terms and interest rates set by the Tribunal remained intact.