Facts
The appellants (claimants), being the wife, three minor children, and parents of the deceased Balram Sagar, filed an appeal under Section 173 of the Motor Vehicles Act, 1988
Source reference: p. 3They sought enhancement of the compensation awarded by the 2nd Additional Motor Accident Claims Tribunal (MACT), Jagdalpur, in Claim Case No. 18/18 dated 14/12/2018
Source reference: p. 3The Tribunal had awarded a total compensation of Rs. 15,68,770/-, but granted only Rs. 40,000/- for loss of consortium to a single claimant despite there being six dependents
Source reference: p. 4Issues
1. Whether the Claims Tribunal erred in awarding loss of consortium to only one claimant instead of all six legal dependents of the deceased
Source reference: p. 3 / para. 22. Whether the appellants are entitled to an enhancement of the total compensation amount based on the principle of individual consortium
Source reference: p. 4 / para. 5Law Applied
The Court applied Section 173 of the Motor Vehicles Act, 1988, which governs appeals against awards of Claims Tribunals
Source reference: p. 3"consortium" is a compendious term encompassing spousal, parental, and filial consortium, and each legal dependent is entitled to a separate award under this head
Source reference: p. 4 / para. 5Reasoning
The Court reviewed the Tribunal's award and observed that only Rs. 40,000/- was granted for loss of consortium
Source reference: p. 4There are six claimants in total: the widow, three minor children, and two parents
Source reference: p. 1-2The Court reasoned that since there are six claimants, each is entitled to Rs. 40,000/- for loss of consortium
Source reference: p. 4Consequently, the Court calculated that an additional amount of Rs. 2,00,000/- (Rs. 40,000 x 5 remaining claimants) ought to be added to the original award to ensure just compensation
Source reference: p. 4 / para. 5-6Holding
The Court answered the issue in the affirmative, holding that the Tribunal failed to award consortium to each claimant
The total compensation was enhanced from Rs. 15,68,770/- to Rs. 17,68,770/-
Source reference: p. 4The Court directed Respondent No. 3 (Oriental Insurance Company) to deposit the additional Rs. 2,00,000/- within three months, carrying interest at 9% per annum from the date of the claim application (08/01/2018) until realization
Source reference: p. 4The appeal was allowed, and the impugned award was modified accordingly
Source reference: p. 5Original Court PDF
SMT. JAYKANTI SAGARvsTRILOCHAN PATEL
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