Consortium is payable to the deceased’s husband and children, but not her mother-in-law.

The claimants appealed under Section 173 of the Motor Vehicles Act, 1988, seeking enhancement of compensation for the death of Sukwara Bai in a road accident on 14 February 2021.

The Claims Tribunal had awarded ₹12,11,000, assessing her monthly income at ₹6,000 and awarding consortium to her husband alone.

The claimants argued that income should have been assessed at the applicable minimum wage of ₹8,960 per month and that consortium was payable to four claimants.

The insurer disputed the entitlement of the deceased’s mother-in-law to consortium

Whether the deceased’s monthly income should be reassessed at ₹8,960 in accordance with the applicable Chhattisgarh minimum-wage notification

Whether the conventional-head award should be enhanced by granting consortium to four claimants, excluding the deceased’s mother-in-law

Section 173 of the Motor Vehicles Act, 1988 provides for an appeal against an award of the Claims Tribunal.

In calculating compensation, National Insurance Company Ltd. v. Pranay Sethi, (2017) 16 SCC 680, supplies the principles for future prospects and conventional heads; Sarla Verma v. Delhi Transport Corporation, (2009) 6 SCC 121, guides the assessment of deductions and multiplier; and Magma General Insurance Co. Ltd. v. Nanu Ram, (2018) 18 SCC 1305, informs entitlement to consortium.

The Court applied the applicable Chhattisgarh minimum-wage notification to assess the deceased’s income.

The Court found that the Tribunal’s assessment of ₹6,000 per month was below the applicable minimum wage and substituted ₹8,960.

It retained the Tribunal’s 40% addition for future prospects, one-fourth deduction for personal expenses, and multiplier of 15.

On consortium, it held that the husband and three children—four claimants in total—were entitled to ₹44,000 each, while the deceased’s mother-in-law was not entitled.

Adding ₹33,000 for funeral expenses and related rites, the Court fixed compensation under conventional heads at ₹2,09,000.

The claimants were awarded an additional ₹6,91,440, carrying interest at 6% per annum from the date of filing the claim application until realization; the remaining terms of the Tribunal’s award were left unchanged.

The Registry was directed to communicate the enhanced amount to the claimants in Hindi, with paralegal assistance if required.