Loss of love and affection is subsumed within the broader head of consortium and cannot be claimed as a separate head of compensation. Additionally, a tractor's driving licence remains valid for a tractor-trolley combination, and future prospects must be calculated at standard rates to ensure consistency.

SUDEEPTI SHARMA J .

1. The present appeal has been preferred by the appellant-Insurance Company against the award dated 07.10.2016 filed under Section 166 of the Motor Vehicles Act, 1988 by the learned Motor Accident Claims Tribunal, Amritsar (for short, 'the Tribunal’) wherein the appellant-Insurance Company was fastened with the liability to pay the compensation of Rs. 20,53,000/- to the claimant/respondent No.1 to 4 along with interest @ 7.5% per annum as well as quantum of compensation being on higher side.

BRIEF FACTS OF THE CASE

2. Brief facts of the case are that on 13.11.2015, Kulbir Singh son of Baldev Singh, alongwith his paternal Smt Bholi wife of Kashmir Singh and her son Kulwant Singh, with grand daughter of Baldev Singh namely Baby Monika daughter of Harpal Singh was travelling on a motor cycle bearing registration No.PB-02-BW-0635 and Baldev Singh along with his nephew Punjab Singh son of Kirpal Singh was also travelling on a cycle bearing registration No.PB-02-IL-9291, make Discover, which was being driven by Punjab Singh and Baldev Singh was pillion rider Kulbir Singh and others were going ahead and Punjab Singh alongwith Baldev Singh was following them. When they crossed the nala of Village Harian, at about 10.00 AM a Tractor Trolley of blue colour, make SONLIKA came from the backside and crossed the Motorcycle of Punjab Singh in a very high speed and then struck with the Motorcycle of Kulbir Singh from backside in a rash and negligent manner and crushed the Motorcycle which was being driven by Kulbir Singh, as a result of which Kulbir Singh and Smt. Bholi were crushed under the said Tractor and resultantly Smt. Bholi died on the spot, while Kulbir Singh and others received serious multiple injuries and were taken to Guru Nanak Dev Hospital, Amritsar, where on the same day, Kulbir Singh also died due to grievious and multipler injuries received by him the the said accident. FIR No. 112 dated 13.11.2015 under Sections 304-A /337/338/279/427 of IPC was registered at P.S.

Majitha on the statement of Baldev Singh.

3. Upon notice of the claim petition, respondents appeared and admitted the factum of compensation.

4. From the pleadings of the parties, the following issues were framed by the learned Tribunal :-

“1. Whether Kulbir Singh died in accident, which took place on 13.11.2015, at about 10 AM, near Canal Harian, Police Station Majitha, Tehsil and District Amritsar, due to rash and negligent driving of Tractor Trolley make Sonalika bearing No.PB-02-

CG-0451 by Kulwant Singh, respondent No.1? OPP

2. Whether claimants are entitled to compensation, if so, from whom and at what rate?OPP

3. Whether claim petition is not maintainable in present form?

OPR

4. Whether claim petition is bad for mis-joinder and non-joinder of necessary parties? OPR

5. Whether respondent No.1 was not holding a valid driving licence at the time of accident?OPR(3)

6. Whether the claimants have no locus standi and cause of action to file the claim petition? OPR

7. Relief.”

5. After taking into consideration the pleadings and the evidence on record, the learned Tribunal awarded compensation to the claimants/respondent Nos. 1 to 4. However, the appellant-I