THE COURT CAN ENHANCE THE COMPENSATION AWARDED BY THE TRIBUNAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT, 1988, IF IT FINDS THAT THE COMPENSATION AWARDED IS INADEQUATE.

Veerender Singh Siradhana, J.

1. Learned counsel for the appellants giving up the claim for enhancement of the award on account of loss of future prospects, has restricted his claim for enhancement only to the extent of 'loss of love and affection to children' and for 'loss of consortium' so also as to inadequate compensation as against 'funeral expenses', referring to the opinion of the Apex Court of the land in the case of Smt. Neeta & Ors. Vs. Divisional Manager, MSRTC, Kolhapur, (2015) 3 S.C.C. 590.

2. Briefly, the skeletal material facts necessary for appreciation of the controversy are that Gopal died on account of a motor accident. As a consequence of the claim petition instituted by the claimant-appellants, the Tribunal made an award for compensation to the tune of Rs. 6,70,000/- (Rupees six lac seventy thousand), which is complained of as inadequate.

3. Learned counsel for the appellants referring to the opinion of the Hon'ble Apex Court of the land in the case of Smt. Neeta (supra), asserted that the Hon'ble Supreme Court allowed compensation to the tune of Rs. 1,00,000/- (Rupees One lac) to each of the children, who were three in number. Further, an amount of Rs. 1,00,000/- (Rs. One lac) was allowed for 'loss of consortium' and Rs. 25,000/- for 'funeral expenses'.

4. Per contra; Mr. Vinod Tyagi, learned counsel appearing for the respondent-Insurance Company, while supporting the impugned award, vehemently argued that the Tribunal has allowed adequate compensation on a proper analysis of the pleadings of the parties and appreciation of evidence adduced, and therefore, the appeal merits rejection.

5. I have heard the learned counsel for the parties and with their assistance carefully perused the award made by the Tribunal as well as gave my thoughtful consideration to the rival submissions at Bar in the backdrop of law declared in the case of Smt. Neeta (supra).

6. The Tribunal awarded only Rs. 5,000 (Rs. Five thousand) towards funeral expenses and Rs. 10,000/- (Rs. Ten thousand) for loss of consortium. No compensation has been awarded for loss of love and affection to the children.

7. In the case of Shashikala and Ors. Vs. Gangalakshmamma and Ors., (2015) 9 SCC 150, the Hon'ble Supreme Court referring the earlier opinion observed thus:

"18. With respect to the award of compensation towards conventional heads, the tribunal has awarded only Rs. 10,000/- towards loss of consortium and Rs. 10,000/- towards love and affection, Rs. 10,000/- towards loss of estate and Rs. 5,000/- towards funeral charges. The High Court totally awarded Rs. 45,000/- towards conventional heads such as loss of estate, loss of love and affection, loss of consortium, transportation of dead body and funeral expenses. In various decisions, this Court has held that substantial compensation is to be awarded towards conventional damages like loss of consortium, loss of love and affection and funeral expenses. In Rajesh and Ors. v. Rajbir Singh and Ors., (supra) and Jiju Kuruvila and Ors. v. Kunjujamma Mohan and Ors., (2013) 9 SCC 166, this Court has awarded substantial amount of Rs. 1,00,000/- towards loss of consortium and Rs. 1,00,000/- towards loss of love and affection and Rs. 25,000/- towards funeral expenses. Following the same, Rs. 1,00,000/- is awarded towards loss of consortium and Rs. 1,00,000/- towards loss of love and affection to the minor children and Rs. 25,000/- towards funeral expenses and Rs. 25,000/- towards loss of estate totalling to Rs. 2,50,000/-. Thus, the compensation awarded to the claimants is enhanced to Rs. 19,32,310/-."

8. In the case of Smt. Neeta (supra), the Hon'ble Apex Court referring to the earlier opinion in the case of Jiju Kuruvila & Ors. Vs. Kunjujamma Mohan & Ors., (2013) 9 SCC 166 and M. Mansoor & Anr. Vs. United India Insurance Co. Ltd., (2013) 15 SCC 603; awarded a compensation to the tune of Rs. 1,00