P&H HC Awards Deceased Man’s Parents And Brother Rs 40,000 Each For Consortium, Enhances Crash Compensation By Rs 1.2 Lakh

Balraj died in a motor-vehicle accident on 10 December 2017.

His parents and brother sought compensation under Section 166 of the Motor Vehicles Act, 1988.

The Motor Accident Claims Tribunal awarded ₹12,01,000 with interest at 8% per annum.

The claimants appealed, contending that the Tribunal had not awarded compensation for loss of consortium.

The appeal was confined to that issue.

Section 166 of the Motor Vehicles Act, 1988 provides the basis for a claim arising from a motor-vehicle accident.

Relying on Magma General Insurance Company Ltd. v. Nanu Ram alias Chuhru Ram, 2018 (4) RCR (Civil) 333, the Court applied the principle that consortium encompasses spousal, parental and filial consortium, and that eligible family members may receive compensation for the loss of the deceased’s companionship, care, affection and support.

The Court assessed consortium at ₹40,000 for each claimant.

Balraj’s claimants were his parents and brother. Applying Magma General Insurance, the Court held that each appellant was entitled to compensation under the head of loss of consortium and awarded ₹40,000 to each.

The Court’s reassessment also set out dependency compensation based on the deceased’s age, minimum-wage income, 40% future prospects, a one-half deduction for personal expenses and a multiplier of 17; it added amounts for loss of estate and funeral expenses.

The father and brother were each allocated ₹40,000 for loss of consortium; the mother was allocated the remaining ₹12,41,000, together with applicable interest.

The respondents were directed to deposit the enhanced compensation within two months, and the Tribunal was directed to disburse it in accordance with the stated apportionment.