Compensation enhanced to include filial and parental consortium and rectify arithmetic errors in future prospects.

The appellants (wife, minor son, and mother of the deceased, Jay Sonwani) filed an appeal under Section 173 of the Motor Vehicles Act, 1988, seeking enhancement of the compensation awarded by the 4th Additional Claims Tribunal, Raipur.

The Tribunal, in its award dated 24.10.2018, granted a total sum of ₹21,01,400/- with interest.

The appellants contended that the Tribunal committed a mathematical error in calculating future prospects—using ₹33,200/- instead of ₹35,200/- (40% of the annual income)—and failed to award filial and parental consortium to the mother and son, respectively.

1. Whether the Claims Tribunal erred in the mathematical calculation of future prospects and the total compensation amount.

2. Whether the mother and son of the deceased are entitled to filial and parental consortium under the prevailing legal framework.

Section 173 of the Motor Vehicles Act, 1988 regarding appeals against awards.

Principles for calculating "just compensation" established in Sarla Verma & Ors. v. Delhi Transport Corporation & Ors. (2009) 6 SCC 121 for the application of multipliers and deductions.

National Insurance Company Ltd. v. Pranay Sethi (2017) 16 SCC 680 regarding the standardization of future prospects and conventional heads.

Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram & Ors. (2018) 18 SCC 130 to grant filial and parental consortium to the dependents.

The High Court observed that the Tribunal correctly assessed the annual income at ₹1,32,000/- but erred in calculating the 40% future prospects, erroneously recording ₹33,200/- instead of the correct figure of ₹35,200/-.

This calculation error resulted in a lower base for the multiplier application.

The Court noted that the Tribunal omitted mandatory heads of compensation: filial consortium for the mother (Chandrika Sonwani) and parental consortium for the minor son (Raj Sonwani).

By correcting the future prospects calculation and adding ₹40,000/- each for the two omitted consortium heads, the Court recalculated the total entitlement to ensure "just compensation" as mandated by Supreme Court precedents.

The Court directed that this additional sum carry an interest rate of 7.5% per annum from the date of filing the claim application until realization, while maintaining all other conditions of the original award.