JUDGMENT :

1. Heard on I.A. No.1 of 2019.

2. This is an application for condonation of delay of 113 days in filing the MAC.

3. For the reasons mentioned in the application which is duly supported by an affidavit, the same is allowed and delay in filing the MAC is condoned.

4. Also heard on admission.

5. The appeal being arguable is admitted for hearing.

6. With the consent of the parties, the matter is heard finally.

7. This appeal is by the claimants against the award dated 25.01.2019 passed by Motor Accident Claims Tribunal, Kondagaon, District Kondagaon, C.G. in Claim Case No.63/2018 awarding total compensation of Rs.48,84,432/- with interest @ 9% per annum from the date of application till realization, fastening liability on the Insurance Company.

8. As per claim petition, on 25.04.2018, deceased Tilak Nath Dewangan, aged about 43 years, earning Rs.33,710/- per month as Lecturer (Panchayat) was coming from Narayanpur to Kondagaon on motorcycle bearing registration CG17-KD-4042. However, on the way, driver of the vehicle Bolero bearing registration No.CG07-AY-4062 (hereinafter referred to as 'offending vehicle'), driving by non-applicant No.1 in a rash and negligent manner, dashed the motorcycle of the deceased, as a result of which, deceased sustained grievous injuries on his body and succumbed to the same. It is not disputed that at the time of accident, offending vehicle was owned by non-applicant No.2 and insured with non-applicant No.4.

9. On claim petition being filed by the claimants under Section 166 of the Motor Vehicles Act seeking compensation to the tune of Rs.50,00,000/-, the Tribunal considering the evidence led by both the parties passed an award as mentioned in para 7 of this judgment.

10. Learned counsel for the appellants/claimants submits that though he has raised various grounds in the memo of appeal, however, he is not pressing all those grounds and is assailing the award on sole ground that the Tribunal has not granted any amount towards filial consortium to respondent No.3, who is the mother of deceased & loss of parental consortium to appellant No.2, son of deceased. In support of above contention, reliance has been placed on the decisions of the Hon'ble Supreme Court in the matters of Magma General Insurance Co. Ltd. Vs. Nanuram @ Chuhru Ram and others reported in 2018 A.C.J. 2782 (S.C.) and United India Insurance Company Ltd. vs. Satidnder Kaur, 2021 (11) SCC 780.

11. On the other hand, learned counsel for the respondent/insurance company supports the impugned award and submits that the Tribunal considering all the relevant aspects of the matters has rightly awarded compensation which needs no interference by this Court.

12. Heard learned counsel for the parties and perused the material available on record.

13. So far as non-grant of any amount towards filial consortium is concerned, the Hon'ble Supreme Court in the matter of the Supreme Court in Magma General Insurance Company (supra) has observed in paras 21, 21.1, 21.2, 21.3, 22 and 23 as under:-

“21. A Constitution Bench of this Court in Pranay Sethi dealt with the various heads under which compensation is to be awarded in a death case. One of these heads is loss of consortium. In legal parlance, “consortium” is a compendious term which encompasses “spousal consortium”, “parental consortium”, and “filial consortium”. The right to consortium would include the company, care, help, comfort, guidance, solace and affection of the deceased, which is a loss to his family. With respect to a spouse, it would include sexual relations with the deceased spouse:

21.1. Spousal consortium is generally defined as rights pertaining to the relationship of a husband-wife which allows compensation to the surviving spouse for loss of “company, society, cooperation, affection, and aid of the other in every conjugal relation”.

21.2. Parental consortium is granted to the child upon the premature death of a parent, for loss of “parental aid, protection, affection, society, discipline,