The court upheld the Tribunal's findings on contributory negligence and income assessment, awarding additional compensation for loss of consortium, funeral expenses, and loss to estate.

JUDGMENT :

1. The appeal challenging the judgment dated 11.2.2010 passed by MACT (Aux), City Civil Court, Ahmedabad in MACP is filed by the insurance company while the Cross Objection has been filed by the claimants challenging the said judgment.

2. Facts of the case suggest that on 11.1.2005, deceased Jitendera riding his scooter no.GJ-1 EA- 4029 was proceeding from Narol to Kheda, while passing the National Highway near Narol old District Court, one truck bearing registration no. GJ-18 TT-9062 came in an excessive speed in a rash and negligent manner and dashed the scooterist, as a result, the deceased died on the spot. The criminal complaint was filed before Vatva Police Station bearing CR no.I-37/06.

3. Learned advocate Mr. Mazmudar submitted that the negligence of the deceased has not been considered by the Tribunal and the income is assessed on higher side, while deduction of personal expenses is also not in accordance to the judgment of the Hon'ble Apex Court.

4. Countering the arguments, referring to the cross objections preferred for enhancement of compensation, Advocate Mr.Bhatia for the claimants submitted that the deceased was Administrative Manager in Rudraksh Petrochem Pvt. Ltd. and the certificate regarding the income was placed on record which was supported by deposition and thus, submitted that the income has been proved while stated that the prospective rise in income has not been granted by the Tribunal. It was further stated that as per the decision in the case of National Insurance Company Limited Vs. Pranay Sethi & Ors. reported in (2017) 16 SCC 680, the consortium loss, amount for funeral expenses and loss to estate are also required to be considered.

5. In the case of Magma General Insurance Company Limited Vs. Nanu Ram alias Chuhru Ram & Ors., reported in (2018) 18 SCC 130, it has been observed as under:-

“8.7 A Constitution Bench of this Court in Pranay Sethi (supra) 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. (Rajesh and Ors. vs. Rajbir Singh and Ors. (2013) 9 SCC 54) 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, co-operation, affection, and aid of the other in every conjugal relation.” BLACK'S LAW DICTIONARY (5th ed. 1979)

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

Filial consortium is the right of the parents to compensation in the case of an accidental death of a child. An accident leading to the death of a child causes great shock and agony to the parents and family of the deceased. The greatest agony for a parent is to lose their child during their lifetime. Children are valued for their love, affection, companionship and their role in the family unit.

Consortium is a special prism reflecting changing norms about the status and worth of actual relationships. Modern jurisdictions world-over have recognized that the value of a child’s consortium far exceeds the economic value of the compensation awarded in the case of the death of a child. Most jurisdictions therefore permit parents to be awarded compensation under loss of consortium on the death of a child. The amount awarded to the parents is a compensation for loss of the love, affection, care and companionship of the deceased child.

The Motor Vehicles Act is a beneficial legislation aimed at providing relief to the victims or their fam