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. A few High Courts have awarded compensation on this count. However, there was no clarity with respect to the principles on which compensation could be awarded on loss of Filial Consortium.

JUDGMENT :

R.M.CHHAYA, J.

1. Feeling aggrieved and dissatisfied by the common judgment and award dated 02.05.2019, passed by the Motor Accident Claims Tribunal (Main), Junagadh, in MACP Nos. 103 and 104 of 2014, the insurance company has preferred these appeals under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the “Act”).

2. Same set of evidence were produced before the Tribunal in both the claim petitions and both the claim petitions arise from the same accident and hence, both the appeals were directed to be heard together.

3. The following facts emerge from the record of these appeals –

3.1 That both the deceased were sports person and had gone to Thiruvananthapuram in Kerala as competitors from Saurashtra University to attend Inter-University Cycling Competition of national level. The record further indicates that on 20.01.2013, after having their dinner, the competitors were returning with coach from Kariyavattam and walking on the road from Kazzakuttam Police Station. The record show that at that time, a Maruti Zen car bearing registration No. AP-28-AA-2312 being driven in rash and negligent manner, overrun the competitors walking on the road. It further appears from the record that five students sustained serious injuries out of which one Vijay Khalel died on the spot while Pratikraj Solanki sustained serious injuries and other bodily injuries and were immediately taken to Medical College, Thiruvananthapuram. The said student was operated, however, the injuries sustained were so serious that ultimately, he succumbed to the same during treatment on 26.01.2013. A complaint came to be lodged with Kazhakuttam Police Station being C.R. No. I81/2013. The mother and two minor unmarried sisters of Pratikraj Solanki filed MACP No. 103 of 2014 and claimed compensation of Rs. 40,00,000/- and similarly, the parents and sister and brother of deceased Vijay Naranbhai Khalel preferred MACP No. 104 of 2014 and claimed compensation of Rs. 40,00,000/- before the Motor Accident Claims Tribunal, at Junagadh. The appeal being First Appeal No. 12/20 arise out of MACP No. 104/14 and First Appeal No. 6150/19 arise out of MACP No. 103/14.

3.2 In MACP No. 103/14, it was the case of the original claimants that the deceased Pratikraj Solanki was 20 years old and sportsman and had applied for various jobs and was pursuing his B.Com studies in fourth Semester in Commerce & Law College, Junagadh. It is also the case of the original claimants that he was working in Sakkarbaug Zoo and was earning Rs. 4,000/- p.m. In MACP No. 104/14, the original claimants contended that deceased Vijay Naranbhai was aged 18 years and was earning Rs. 4,000/- p.m.

In MACP No. 103/14, Prabhaben, mother of the deceased was examined at exhibit 20 and in MACP No. 104/14, Naranbhai, father of the deceased was examined at exhibit 63. The claimants also relied upon documentary evidence in both the claim petitions such as School Leaving Certificate of deceased Pratikraj at exhibit 23, death certificate at exhibit 24, ration card in the name of Prabhaben Solanki at exhibit 25, SSC marksheet of deceased Pratikraj at exhibit 26, SSC Certificate of Pratikraj at exhibit 27, HSC Marksheet of Pratikraj at exhibit 28, HSC Certificate of Pratikraj at exhibit 29, Marksheet of B.Com, Sem-I and II at exhibit 30 and 31, I-Card of Pratikraj at exhibit 32, I-Card of Pratikraj for physical education at exhibit 33, FIR at exhibit 34, copy of the C.R. No. 81/13 of Kazhakuttam Khalel at exhibits 51 and 52, HSC Certificate of Vijay at Exhibit 53, Marksheet of B.Com Sem-I of vijay N. Khalel at exhibit 54, I-Card of Vijay at exhibit 55, Postmortem Certificate of Vijay at Exhibit 56, Embalming Certificate of Vijay at Exhibit 57, Letter from the Registrar of University of Kerala regarding releasing of Embalmed body of vijay at exhibit 58, Certificate issued by the Kazhakuttam