Each dependent is entitled to separate consortium compensation for the deceased’s death.

The claimants, the deceased Boramma Mathapati’s husband and children, sought compensation under Section 166 of the Motor Vehicles Act, 1988, for her death after she fell from a Tum Tum auto-rickshaw involved in an accident on 9 January 2021.

The Tribunal awarded Rs.21,54,650, including compensation for loss of dependency, consortium and medical expenses.

The claimants appealed under Section 173(1), seeking enhancement, principally challenging the income assessed and the consortium awarded.

Whether the claimants were entitled to enhanced compensation, including increased compensation for consortium.

Section 166 of the Motor Vehicles Act, 1988 provides the basis for a claim for compensation arising from an accident; an appeal from the Tribunal’s award lies under Section 173(1).

Under National Insurance Company Limited v. Pranay Sethi, 25% of income was added towards future prospects in this case.

Under Sarla Verma (Smt.) v. Delhi Transport Corporation, the deceased’s personal and living expenses were deducted at one-third, having regard to the number of dependants.

The Court accepted the Karnataka State Legal Services Authority’s jurisdiction-specific notional-income chart as a fair basis for assessing income, having regard to regional differences in cost of living and the Consumer Price Index.

The Court found no basis to disturb the Tribunal’s assessment of monthly notional income at Rs.14,250, its addition of 25% future prospects, the one-third deduction for personal expenses, or its application of multiplier 14; the resulting loss-of-dependency award was therefore maintained.

It also rejected the claimants’ request to use the higher notional-income figure applicable to the Principal Bench, reasoning that regional costs and price indices supported use of the Kalaburagi chart.

However, because the Tribunal had not awarded consortium to all three dependants, the Court increased consortium to Rs.40,000 for each claimant, while maintaining the other heads of compensation.

The Court enhanced the total compensation from Rs.21,54,650 to Rs.21,90,650, principally by awarding consortium of Rs.1,20,000 to the three claimants.

The enhanced amount carries interest at 6% per annum from the date of the petition until realization; the Tribunal’s directions on apportionment, deposit and release were maintained, and the insurer was directed to deposit the amount with interest within eight weeks of receiving the certified order.