Point of Law: Supreme Court had made it clear that loss of consortium cannot be only limited to spousal consortium but has also to be extended towards parental consortium and filial consortium.

JUDGMENT :

1. Heard Mr. T. Kalita, the learned counsel for the appellant and Mr. R. Deka, the learned counsel appearing on behalf of the respondents.

2. This appeal arises out of the judgment and award dated 02.02.202 passed in MAC (D) Case No.24/2019 by the learned Member, Motor Accident Claims Tribunal, Darrang, Mangaldai whereby the Tribunal adjudged that an amount of Rs.61,47,525/-along with the interest at the rate of 7 % per annum from the date of filing of the claim petition, i.e. from 25.02.2019 till realization would be the just and fair compensation in terms with Section 168 of the Motor Vehicles Act, 1888 (for shot, the Act of 1988).

3. The case of the appellant in brief is that the learned Tribunal below failed to take into consideration the notification dated 14.09.2017, issued by the Principal Secretary to the Government of Assam, Finance Department relating to “Scheme for Compassionate Family Pension in lieu of Compassionate Appointment” while deciding the claim petition, and as such, the impugned judgment and award, on the face of it is perverse and liable to the interfered with.

4. For deciding the said aspect of the matter, it would be relevant to take note of the brief facts of the instant case. The parties herein are referred to in the same status as they stood before the Tribunal below.

5. On 23.12.2018, at around 4.20 PM, one Gobinda Kalita (since deceased) was returning from Mangaldai towards his home situated at Bheruadal after office duty by his motor cycle being registration No.AS-13-B-9376. When he reached Punia, the offending vehicle bearing registration No.AS-01-U-7498 (Wagonr) knocked down late Gobinda Kalita and as a result of which he sustained grievous injury. Late Gobinda Kalita was thereafter taken to Mangaldai Civil Hospital but he succumbed to his injuries on the way to the hospital. The postmortem of the deceased was done at Mangaldai Civil Hospital. In connection with the said accident, Mangaldai P.S. Case No.1148/2018 was registered under Sections 279/338/304(B) IPC. The claimant who is the wife of late Gobinda Kalita filed the claim petition before the learned Member, Motor Accident Claims Tribunal, Darrang, Mangaldai which was registered and numbered as MAC(D) Case No.24/2019. In the said claim petition it was mentioned that late Gobinda Kalita was serving as Supervisor Kanangu in the Office of the Circle Officer, Patharighat Revenue Circle drawing monthly salary of Rs.41,815/-and was the only earning member of the family comprising of his wife and three minor children. On the basis thereof, a compensation of an amount of Rs.80,00,000/- was claimed.

6. The opposite party No. 1, i.e. the owner of the vehicle being registration No.AS-01-U-7498 (Wagonr) filed a written statement stating inter-alia that the offending vehicle was duly insured vide policy No.200803311710005102 which was valid from 10.01.2018 to 09.01.2019 with National Insurance Company Limited, Mangaldai covering all risks and liabilities arising out of the accident. It was also submitted that the driver was possessing a valid driving licence bearing No.DL.AS-1320070019066 valid upto 01.01.2024.

7. The appellant, who was the opposite party No. 2, also filed its written statement and contended inter-alia that the claim proceedings was not maintainable and there was no cause of action and the claim is bad for non-joinder of necessary parties. The opposite party No.2 had put the claimant to the strictest proof with regard to the alleged accident, occupation and income of the deceased, road permit, fitness certificate of the vehicle, postmortem report etc. It was also denied by the opposite party No.2 that at the relevant point of time, the driver had been plying the vehicle by complying the traffic rules and provisions of the Act of 1988 and that they had violated the policy conditions. It was also pleaded that the deceased died due to his contributory negligence, not due to the fault of the vehicle No.AS-01-U-7498 (Wagonr).

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