IMPORTANT POINT
The judgment established the entitlement to enhanced compensation for loss of dependency, loss of consortium, loss to estate, and funeral expenses in a motor vehicle accident case, based on the Motor Vehicles Act, 1988, and relevant legal precedents.

JUDGMENT :

1. The claimants challenged the judgment and order dated 1.10.2018 passed by the MACT (Aux), Dahod at Limkheda in MACP no.1654/17 (old MACP no.361/14).

2. The accident took place on 5.8.2013. The deceased Rakeshbhai was going on motorcycle bearing registration no. GJ-20 Q-4697 along with Bhurabhai. At about 16.00 hrs., they had stopped the motorcycle to answer the nature’s call and thereafter, were standing near the motorcycle on the side of the road. At that time, motorcycle bearing registration no. GJ-20 M-9653 came in a rash and negligent manner, lost control over the vehicle and dashed the motorcycle with deceased Rakeshbhai. As a result, he sustained injuries and succumbed to death during the treatment.

3. Learned advocate Mr. Maulik Soni for the appellants submitted that the deceased was 23 years at the time of the death and was doing centering work and earning income from agriculture work and as per the claimants, he was earning about Rs.10,000/- per month. Advocate Mr. Soni submitted that considering the age, prospective rise in income was also required to be added to grant just compensation and further submitted that the dependents are widow and two minors and therefore, compensation towards loss of consortium was required to be granted to all the claimants.

4. While countering the arguments, learned advocate Mr. Dakshesh Mehta submitted that the Tribunal has in absence of any documentary evidence, considered the income as Rs.4,860/- and has also granted prospective rise and the deduction is in accordance to the judgment in the case of Sarla Verma Vs. Delhi Transport Corporation & Anr., (2009) 6 SCC 121 and consortium loss to the widow has been granted and other amount as per the decision in the case of National Insurance Company Limited Vs. Pranay Sethi & Ors. reported in (2017) 16 SCC 680 has been granted and thus, stated that the compensation amount is just and proper.

5. The deceased was doing centering work and agriculture work. His work could be considered as that of the labourer. Thus, relying upon the minimum wages schedule, Rs.5,400/- would be the amount payable as wages at the time of the accident, considering 40% prospective rise and deducting one-third amount towards personal expenses, by applying multiplier of 18, dependency loss is to be calculated. Thus, Rs.5,400/- + 40% prospective rise i.e. Rs.2,160/- = Rs.7,560/- and deducting one-third being Rs.2,520/-, monthly dependency would come to Rs.5,040/-, annually by applying multiplier of 18, future dependency loss would come to Rs.10,88,640/- (Rs.5,040/- x 12 x 18).

6. 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 ca