Minor children are entitled to independent parental consortium and FIR delay does not discharge insurer liability.

These are cross-appeals arising from an award dated 17-01-2020 passed by the 2nd Additional Motor Accident Claims Tribunal, Manendragarh

On 02-06-2014, the deceased, Vishambhar Gond, died in a motor accident involving a Bolero (CG-04/H-9813)

The FIR was lodged on 19-02-2015, followed by a charge sheet against the driver under Section 304A of the IPC on 26-03-2015

The Insurance Company (Appellant in MAC 995/2020) sought exoneration, alleging the vehicle was not involved, the deceased slipped from his motorcycle, and there was a significant delay in filing the FIR

The Claimants (Appellants in MAC 976/2020) sought enhancement of the ₹10,82,500 compensation, specifically regarding consortium for the minor children and conventional heads

1. Whether the offending vehicle was involved in the accident given the delay in the FIR and the Insurance Company’s claim that the deceased slipped.

2. Whether the compensation awarded by the Tribunal under the heads of consortium, loss of estate, and funeral expenses required enhancement as per established precedents.

The Court applied Section 173 of the Motor Vehicles Act, 1988, regarding appeals

It relied on the principles for calculating compensation established in National Insurance Company Ltd. v. Pranay Sethi regarding future prospects and conventional heads

Sarla Verma v. Delhi Transport Corporation regarding the multiplier and deduction methods

Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram which expanded the scope of consortium to include parental and filial categories

Regarding liability, the Court rejected the Insurance Company’s plea of non-involvement. It noted that although there was a delay in the FIR, the driver (NAW-1) admitted to ongoing criminal proceedings against him for the accident.

Furthermore, the testimony of eyewitness Raghuveer Singh (AW-2) corroborated the vehicle's involvement, leading the Court to conclude that the Tribunal's finding was neither perverse nor contrary to the record.

Regarding quantum, the Court found the Tribunal's award deficient under conventional heads. Following Pranay Sethi, the Court updated the amounts for "Loss of Estate" and "Funeral Expenses" from ₹15,000 to ₹18,000 each to reflect the mandatory 10% periodic increase.

Most significantly, applying Magma General Insurance, the Court awarded ₹48,000 each to the three minor children for loss of parental consortium, a head the Tribunal had entirely omitted.

The total compensation was enhanced from ₹10,82,500 to ₹12,40,500, resulting in an additional sum of ₹1,58,000. The Court directed the respondents to deposit the enhanced amount within 45 days, carrying an interest rate of 9% per annum from the date of the claim application (22-04-2015) until realization. All other conditions of the original award remained intact.