The main legal point established in the judgment is the modification of compensation amounts for loss of consortium and love and affection based on relevant legal provisions and settled legal principles.

JUDGMENT

Rajnish Bhatnagar, J. The present appeal has been filed under Section 173 of the Motor Vehicle Act, 1988 against the award dated 29.11.2019 passed by Presiding Officer, MACT, North West District, Rohini Courts, Delhi in MACT No. 50797/2016 with the following prayers:

"a) It is therefore most respectfully prayed that the appeal of the Appellant may please be allowed/accepted and the Award dated 29.11.2019 passed by Sh. Amit Bansal, Judge MACT North West District, Rohini Courts, Delhi in MACT No. 50797/16 titled as "Manisha & Ors. Vs. Sukhbir & Ors." be suitably modified;

b) Any other or further order which this Hon'ble Court may deem fit and proper in the present facts and circumstance may also be passed in favour of the Appellant and against the Respondents."

2. In brief, the facts of the case are that Naresh died as a result of injuries suffered in a motor vehicular accident which occurred on 08.05.2014 at about 5:00 p.m., in front of NDPL office, inside of Shiv Vihar Road, Karala road, Delhi. The deceased was driving his engine fitted rickshaw thela when suddenly a Tata Tempo bearing registration no. HR-46D-0998 (offending vehicle), which was being driven by its driver in a rash and negligent manner came from behind and hit the rickshaw thela of deceased with great force. Due to the impact, deceased Naresh fell down and sustained grievous injuries which resulted in his death. Pursuant to this accident, an FIR No. 346/2014 U/s 279/304A IPC was registered at PS Kanjhawala.

3. I have heard the learned counsel for the appellant and perused the records of this case.

4. It is submitted by learned counsel for the appellant that learned Tribunal has wrongly awarded a sum of Rs.2,00,000/- towards loss of consortium and Rs.2,50,000/- towards loss of love and affection to the respondents and in accordance with the recent judgments and prevailing law, no amount should have been awarded towards loss of love and affection. He further submitted that as per National Insurance Co Ltd. vs. Pranay Sethi & Ors., (SLP(C) No. 25590/2014 decided on 31.10.2017): only the widow of the deceased is entitled to compensation under the head of loss of consortium and the compensation towards the non-pecuniary heads shall be Rs.70,000/- only in lump sum. He further submitted that the rate of interest @ 9% per annum awarded by the learned Tribunal is on the higher side as it is more than the prevailing rate of interest and the same may be reduced to 6% per annum.

Learned counsel for the appellant in support of his contentions has placed reliance on following judgments:

5. Having heard the counsel for the appellant and perusing the Award dated 29.11.2019, the relevant paras where the learned Tribunal has observed regarding the Loss of Consortium and Loss of Love and Affection reads as follows:

"15. Filial Consortium/Consortium.

The deceased was a married person and the petitioners/claimants are his wife and four children. The record would show that parents of deceased expired during the trial and they have been deleted from the array of parties. It is now a settled law in terms of Judgment of Hon'ble Supreme Court Of India, in case of Magma General Insurance Co. Ltd. vs Nanu Ram and Ors., Civil Appeal No. 9581 of 2018, date of decision 18.09.2018: 2018(8) SCJ 338: 2018 SCC Online SC 1546: and the judgment of Hon'ble Delhi High Court in case of Uttrakhand Transport Corporation Vs. Jyoti Sardana, MAC.APP.920/2017, date of decision 03.04.2019: , that the compensation under the head of filial consortium is required to be awarded to all the claimants to the tune of Rs.40,000/- eac