Parental consortium must be separately awarded to each child who loses a parent.

The appellants—the widow and two sons of Late Bani Deka—filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensation for his death in a road accident.

The deceased was survived by his wife, aged approximately 42 years, and two sons, aged approximately 20 and 19 years.

The Motor Accident Claims Tribunal assessed the deceased’s monthly income at Rs. 4,500, applied a multiplier of 14, and awarded total compensation of Rs. 5,89,000 with interest at 6% per annum, comprising loss of dependency, funeral expenses, loss of consortium, and loss of estate.

In appeal under Section 173 of the Motor Vehicles Act, the claimants sought enhancement on the grounds that future prospects, proper consortium compensation, and the deceased’s asserted monthly income of Rs. 5,000 had not been appropriately considered.

Whether the claimants were entitled to an addition towards the deceased’s future prospects, and whether the deceased’s monthly income should be assessed at Rs. 5,000 rather than Rs. 4,500.

Whether the compensation for loss of consortium was required to include spousal consortium for the widow and parental consortium for both sons.

Whether the amounts awarded under funeral expenses and loss of estate required enhancement in accordance with the applicable conventional-head principles.

The Court applied Sections 166 and 173 of the Motor Vehicles Act, 1988, governing claims for compensation arising from motor-vehicle accidents and appeals against awards.

Under National Insurance Co. Ltd. v. Pranay Sethi, (2017) 16 SCC 680, a self-employed deceased aged between 40 and 50 years is entitled to a 25% addition to established income towards future prospects; deductions for personal expenses and the multiplier are to follow Sarla Verma (Smt.) v. Delhi Transport Corporation, (2009) 6 SCC 121.

Pranay Sethi also prescribed reasonable amounts under the conventional heads of loss of estate, loss of consortium, and funeral expenses, subject to periodic enhancement.

Under Magma General Insurance Co. Ltd. v. Nanu Ram, 2018 SCC OnLine SC 1546, consortium is a comprehensive head that includes spousal, parental, and filial consortium; parental consortium is payable to children who lose a parent in a motor accident.

The Court found that the deceased was self-employed as a Power Tiller Operator, earned Rs. 5,000 per month, and was 44 years old at the time of the accident.

Applying Pranay Sethi, it added 25% towards future prospects, increasing the monthly income to Rs. 6,250.

After deducting one-third towards personal and living expenses, the annual contribution to the family was calculated at Rs. 50,000; applying the multiplier of 14 under Sarla Verma, the loss of dependency was fixed at Rs. 7,00,000.

Since the Tribunal had awarded consortium only to the widow, the Court additionally awarded parental consortium to each son.

Applying the enhanced conventional amount, it fixed spousal and parental consortium at Rs. 48,400 per claimant.

It further revised funeral expenses and loss of estate to Rs. 18,150 each.

The enhanced compensation was directed to carry interest at the rate and from the date awarded by the Tribunal.

As the original award had already been deposited and received, the insurer was directed to deposit and pay the balance enhanced amount within six weeks from 18 August 2026.