Loss of consortium must be awarded to each claimant individually, not as a single consolidated amount.

Pyarelal Kaiwart, aged approximately 50 years, died in a motor vehicle accident on 31 August 2019 involving Scooty No. CG-22-P-5083, owned and driven by Respondent No. 1 and insured with Tata AIG General Insurance Company Ltd.

His widow, Smt. Sundari Bai Kaiwart, and two children instituted a claim petition before the 1st Additional Motor Accident Claims Tribunal, Raipur. By award dated 29 September 2023 in Claim Case No. 149/2021, the Tribunal awarded total compensation of Rs. 14,16,138, including only Rs. 44,000 towards loss of consortium.

The claimants preferred an appeal under Section 173 of the Motor Vehicles Act, 1988, seeking enhancement. The appeal was delayed by 99 days; the High Court condoned the delay under Section 5 of the Limitation Act.

Whether the 99-day delay in filing the claimants’ appeal ought to be condoned under Section 5 of the Limitation Act?

Whether the Tribunal erred in awarding loss of consortium for only one claimant, despite there being three claimants, and whether the compensation required enhancement on that account?

The Court exercised appellate jurisdiction under Section 173 of the Motor Vehicles Act, 1988 in considering the claimants’ appeal for enhancement. It applied Section 5 of the Limitation Act to condone the 99-day delay for the reasons stated in the application.

On compensation, the Court relied on National Insurance Co. Ltd. v. Pranay Sethi, (2017) 16 SCC 680, concerning future prospects and conventional heads; Sarla Verma v. Delhi Transport Corporation, (2009) 6 SCC 121, concerning deductions and multiplier methodology; and Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram, (2018) 18 SCC 130, recognising consortium for eligible family members.

Accordingly, loss of consortium was assessed at Rs. 44,000 per claimant, totalling Rs. 1,32,000 for three claimants.

The Court found that the Tribunal’s computation was correct under the heads of income, one-third deduction, multiplier of 13, 10% future prospects, and medical expenses.

The Tribunal had assessed the deceased’s annual income at Rs. 1,08,000, deducted one-third towards personal expenses, applied the multiplier of 13, and added 10% towards future prospects, resulting in Rs. 10,29,600 under the dependency-related calculation.

However, the Tribunal awarded only Rs. 44,000 towards loss of consortium, although the deceased left three claimants. Applying the principles in Pranay Sethi, Sarla Verma, and Magma General Insurance, the Court increased consortium from Rs. 44,000 to Rs. 1,32,000.

This increased the amount under conventional heads from Rs. 74,000 to Rs. 1,62,000 and the total compensation from Rs. 14,16,138 to Rs. 15,04,138.

It enhanced the total compensation from Rs. 14,16,138 to Rs. 15,04,138, granting the claimants an additional Rs. 88,000.

The enhanced amount was directed to carry interest at 6% per annum from the date of filing of the claim application until realization.

All other terms of the Tribunal’s award were left undisturbed.

The Registry was further directed to communicate the enhanced amount to the claimants in Hindi Devanagari, with assistance from paralegal workers where necessary.