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

JUDGMENT :

ARUN DEV CHOUDHURY, J.

1. Heard Mr. S. Dutta, learned Senior Counsel assisted by Ms. S. Mushahary, learned counsel for the appellant. Also heard Mr. D.J. Mukherjee, learned counsel for the respondent Nos. 1 and 2, Mr. F.A. Hassan, learned counsel for the respondent Nos. 3 to 6 and Ms. K.K. Bhatta, learned counsel for the respondent No. 7.

2. The appellant has challenged the impugned Judgment and Order dated 30.01.2018 passed by the learned Member, Motor Accident Claims Tribunal No. 2, Bongaigaon in MAC Case No. 64/2015, by which the appellant has been directed to pay the compensation amount of Rs. 34,58,500/- (Rupees thirty four lakhs fifty eight thousand five hundred) only to the respondents/claimants with interest @ 6% per annum from the date of filing the claim petition till it realization.

3. The brief fact of the case is that on 09.05.2015 at about 11 A.M. while Shirajul Islam was going from Bartalowa towards SBI, BRPL Complex Branch, Dhaligaon by riding his motorcycle bearing registration No. AS-26/A-0936 and reached near Dhaligaon Traffic Point, suddenly the offending vehicle bearing registration No. AS-17/B-3117 (Oil Tanker) coming from the same direction knocked down the deceased from the back side, as a result of which he sustained injuries and died on the spot and accordingly a claim petition was preferred by the respondents/claimants. The learned Member, Motor Accident Claims Tribunal Bongaigaon, Assam in MAC Case No. 64/2015, directed to pay the compensation amount of Rs. 34,58,500/- (Rupees thirty four lakhs fifty eight thousand five hundred) to the respondents/claimants with interest @ 6% per annum from the date of filing the claim petition till final payment

4. The learned counsel for the appellant submits that the Insurance Company is not raising any dispute regarding the other part of the award that has been made by the learned Tribunal below. However, Mr. Dutta, learned Senior counsel submits that the claimant is not entitled for interest on future prospects. In support of such submission, Mr. Dutta relies on a judgment of a Coordinate Bench of this Court passed in MAC App. No. 378/2017 vide order dated 01.10.2019 in the case of Oriental Insurance Co. Ltd. vs. Smt. Champabati Ray and Others. The relevant portion of the aforesaid judgment is extracted herein-below:

“Another ground of challenge to the impugned judgment is that the learned Tribunal had awarded interest on future prospects, which could not be done. In the case of Khusboo Chirania @ Kanta Chirania vs. Kamal Kumar Sovasaria, 2018 (0) Supreme (Gau) 966 and Nasima Begum vs. Keramat Ali, 2019 (0) Supreme (Gau) 507, this Court has stated no interest on future prospects should be given. Though no reasons have been enunciated in the above judgments, the reasons for the same seems to be due to the fact that future prospects is relatable to an income to be received in the future and as such, there could not be any loss to the claimants for the payment of future prospects, at the time the deceased met with the accident. The reason for awarding interest on the compensation amount, minus the future prospects is due to the fact that though the loss of dependency starts from the date of the accident and the compensation amount is computed on the date of the Award of the Tribunal, interest is awarded to compensate the loss of money value on account of lapse of time, such as time taken for the legal proceedings and for the denial of right to utilize the money when due. However, future prospects is with regard to the probable income to be received in the future and as such there is no requirement to compensate the claimant by way of future interest, for the loss that is to occur in the future, as the future is yet to happen. Further, future prospects is given for the entire future and as such, the claimant is getting compensation in a lump-sum under futu