Chhattisgarh High Court

Parents are entitled to filial consortium of Rs. 44,000 each in motor accident compensation claims.

PANDEY RAM vs BALKAAR SINGH GUJJAR

Chhattisgarh High CourtJUDGMENT: April 01, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The appellants, who are the parents and brothers of the deceased, filed an appeal under Section 173 of the Motor Vehicles Act, 1988

Source reference: p. 1-2, para. 1

They challenged the legality and correctness of the award dated 21/11/2019 passed by the Motor Accident Claims Tribunal (MACT), Jashpur, in Claim Case No. 08/2019

Source reference: para. 1

The appellants sought an enhancement of the compensation originally awarded by the Tribunal, specifically arguing that the parents (Appellants No. 1 and 2) were not granted filial consortium

Source reference: para. 2
02

Issues

Whether the parents of the deceased are entitled to compensation under the head of "filial consortium" and whether the Tribunal’s award requires enhancement for the same

Source reference: para. 2, 5
03

Law Applied

The court exercised its appellate jurisdiction under Section 173 of the Motor Vehicles Act, 1988

Source reference: para. 1

It applied the established legal principle of "filial consortium," which entitles parents to a specific quantum of compensation (standardized at ₹44,000 per parent) for the loss of their child’s companionship and affection

Source reference: para. 2, 5
04

Reasoning

Upon reviewing the records and submissions, the Court found that the Appellants No. 1 and 2 were indeed the parents of the deceased

Source reference: para. 5

The Court observed that the Claims Tribunal had failed to award any amount under the head of filial consortium

Source reference: para. 5

The Court reasoned that as per prevailing legal standards, the parents were entitled to ₹44,000 each

Source reference: para. 5

Consequently, the Court held that the total compensation must be increased by ₹88,000 to rectify this omission and ensure the award is just and proper

Source reference: para. 5
05

Holding

The Court allowed the appeal in part, holding that the parents are entitled to an additional compensation of ₹88,000 (₹44,000 each)

It directed Respondent No. 3 (the Insurer) to pay the additional amount within 30 days of receiving the order

Source reference: para. 5

The Court further ordered that this additional amount shall carry interest at the rate of 8% per annum from the date the claim application was filed (05/02/2019) until its realization

Source reference: para. 5

All other conditions of the original impugned award remained unchanged

Source reference: para. 5
Chhattisgarh High Court

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PANDEY RAMvsBALKAAR SINGH GUJJAR

Chhattisgarh High Court · April 01, 2026

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