Point of Law: Motor vehicles Act is a beneficial legislation aimed at providing relief to the victims or their families, in cases of genuine claims. In case where a parent has lost their minor child, or unmarried son or daughter, the parents are entitled to be awarded loss of consortium under the head of Filial Consortium. Parental Consortium is awarded to children who lose their parents in motor vehicle accidents under the Act.

ORDER :

1. Heard learned counsel for the appellants/claimants. No representation on behalf of the respondents.

2. This is an appeal preferred by the claimants against the order dated 11.10.2004 partly allowing M.V.O.P. No.165 of 2001 on the file of the Chairman, Motor Accidents Claims Tribunal-cum-VII Additional District Judge ( Fast Track Court), Madanapalle.

3. The appellants filed the said O.P., seeking a compensation of Rs.1,00,000/-together with interest at the rate of 12% per annum for the death of their son, who died on 09.2.2001 pursuant to an accident that occurred on 08.2.2001. In the said O.P., they averred that while their son/Thulasiram and daughter were playing in front of a Temple, a Scooter bearing No.AP 03D 7380 driven by its driver in a rash and negligent manner hit their son due to which he sustained injuries on the head and all over the body. They averred that he was immediately shifted to the Government Hospital, Punganur and was referred to S.V.R.R. Hospital, Tirupati for better treatment, but he succumbed to the injuries on 09.2.2001. The deceased was a minor boy aged about four years. In support of their claim, the claimants examined P.Ws.1 and 2 and got marked Exs.A.1 to A.3.

4. On behalf of the Insurance Company, a written statement was filed denying the averments made in the O.P., and that the Insurance Company is not liable to pay any compensation. On behalf of the Insurance Company, R.W.1 was examined and Exs.B.1 to B3 were marked.

5. After considering the material on record and rejecting the contentions advanced on behalf of the Insurance Company, the Tribunal taking the age of the deceased as three years in the light of Exs.A.1 to A.3 awarded a lump sum amount of Rs.50,000/-for the death of minor boy, Rs.10,000/-towards pain and suffering, loss of affection, Rs.1,000/-towards transportation and Rs.2,000/-towards funeral expenses. In all the Tribunal awarded an amount of Rs.63,000/-together with interest at the rate of 9% per annum as against the total claim of Rs.1,00,000/-. Aggrieved by the said order and decree in allowing the claim partly, the present appeal is preferred.

6. Learned counsel for the appellants inter alia contends that the order of the Tribunal in not allowing the O.P., in toto is not just and further that the Tribunal erred in not taking the age of the deceased’s mother while determining the compensation. He further submits that in fact the appellants/claimants are entitled for more compensation, however only Rs.1,00,000/-was claimed and this Court has ample power to award just and reasonable compensation.

7. Perused the material on record and considered the submissions made by learned counsel for the appellants. Considering the material on record to the effect that the deceased was a minor boy of three years old and taking into consideration the relevant aspects the Tribunal has awarded an amount of Rs.50,000/-. Further the Tribunal has awarded only Rs.10,000/-towards pain and suffering and Rs.1,000/-towards loss of affection which according to this Court is not just or reasonable. In view of the expression of the Hon’ble Supreme Court in National Insurance Co. Ltd., vs. Pranay Sethi, (2017) 16 SCC 680, this Court deems it appropriate to award the amounts under conventional heads i.e., loss of estate and funeral expenses at Rs.15,000/-each. As mentioned above, the Tribunal has awarded a sum of Rs.10,000/-towards pain and suffering and loss of affection. The Tribunal has not awarded any amount towards loss of consortium. Though compensation for loss of consortium would generally be granted to the spouse of victim, the Hon’ble Supreme Court in the case of Magma General Insurance Company Ltd., vs. Nanu Ram alias Chuhru Ram, (2018) 18 SCC 130, after referring to the Constitution Bench judgment of the Apex Court in Pranay Sethi’s case and different types of consortiums, granted a sum of Rs.40,000/-each to the father and sister of the deceased towards filial consortium. The relevant portio