The main legal point established in the judgment is the need to periodically revisit and increase compensation under conventional heads due to the inflation factor, as emphasized by legal precedents and principles established by the Apex Court.

AVNEESH JHINGAN, J.

1. The present appeal has been filed against the award dated 28.4.2015 passed by the Motor Accidents Claims Tribunal, Ludhiana (for short 'the Tribunal').

2. The brief facts necessary for adjudication of the present appeal are as under:

3. Hoshiar Singh met with a motor vehicular accident on 7.1.2013. He was hit by a truck bearing registration No. PB-05-P-7802. He suffered multiple injuries and was taken to Civil Hospital, Jagraon, where he succumbed to injuries.

4. The claim petition under Section 166 of the Motor Vehicles Act, 1988 (for short 'the Act') was filed by the widow and three major children of the deceased.

5. The Tribunal awarded a sum of Rs. 24,68,000/- along with interest at the rate of 7.5% per annum.

6. There is no dispute on the facts of the case by either of the parties. The only issue raised in the present appeal by learned counsel for the appellants is that no amount has been awarded under the conventional heads i.e. for loss of consortium, loss of love and affection and the amount awarded for funeral expenses, needs to be enhanced.

7. Learned counsel for respondent No.3 -Insurance Company has opposed the enhancement.

8. The contention raised by learned counsel for the appellants has substance and deserves acceptance.

9. The Tribunal while awarding the compensation ought to have considered and awarded compensation under the heads of loss of consortium and loss of love & affection, even if the children were major. The funeral expenses awarded also needs to be enhanced.

10. Hon'ble the Apex Court in Asha Verman and others Vs. Maharaj Singh and others, 2015(4) SCC (Civil) 767, held as under:

“17. Further, the High Court has erred in awarding only Rs. 5,000/- each towards loss of estate, funeral expenses and loss of consortium. We award Rs. 1,00,000/- towards loss of estate according to the principles laid down in the case of Kalpanaraj & Ors. v. Tamil Nadu State Transport Corporation, 2014 (2) R.C.R.(Civil) 876: 2014 (3) Recent Apex Judgments (R.A.J.) 112: 2014 (5) SCALE 479, Rs. 25,000/- towards funeral expenses and Rs. 1,00,000/- towards loss of consortium as per the principles laid down by this Court in the case of Rajesh & Ors. Vs. Rajbir Singh & Ors., 2013 (3) R.C.R. (Civil) 170; 2013(3) Recent Apex Judgments (R.A.J.).659; (2013) 9 SCC 54.

18. Further, we award Rs. 1,00,000/- each to the appellant-children towards loss of love and affection due to the loss of their father(deceased) as per the decision of this Court in the case of Juju Kuruvila & Ors. vs. Kunjujamma Mohan & Ors., 2013(3) R.C.R. (Civil) 817 : 2013(4) Recent Apex Judgments (R.A.J.) 364 : (2013)9 SCC 166. Further, a sum of Rs. 50,000/- is awarded to each of the appellant-parents towards loss of love and affection of their deceased son as per the principles laid down by this Court in the case of M Mansoor & Anr. vs. United India Insurance Co.Ltd., 2013(4) R.C.R.(Civil) 729 : 2013(5) Recent Apex Judgments (R.A.J.) 516 : 2013 (12) SCALE 324.

11. A perusal of the above decision shows that Hon'ble the Apex Court has enhanced the compensation awarded by the High Court under the Heads-loss of estate, funeral expenses and loss of consortium and also awarded compensation under the head of loss of love, care and guidance of the minor children.

12. Hon'ble the Apex Court in Rajesh and others Versus Rajbir Singh and others, 2013 (9) SCC 54, has held as under:

“The ratio of a decision of this Court, on a legal issue is a precedent. But an observation made by this Court, mainly to achieve uniformity and consistency on a socioeconomic issue, as contrasted from a legal principle, though a precedent, can be, and in fact ought to be periodically revisited, as observed in Santhosh Devi (supra). We may therefore, revisit the practice of awarding compensation under conventional heads; loss of consortium to the spouse, loss of love, care and guidance to children and funeral expenses. It may be noted that the sum of Rs. 2500/- to Rs. 10,000/- in tho