Each dependent claimant in a motor accident claim is entitled to separate compensation for loss of consortium, which may be further enhanced by a 10% increment depending on the date of the accident as per Supreme Court guidelines.

Order

1. This appeal has been filed under section 173 of Motor Vehicle Act, 1988 seeking enhancement of compensation awarded, vide judgment and award dated 19.11.2024, passed by the learned Motor Accident Claims Tribunal, Tonk (for short ‘Tribunal’) in MAC Case No.606/2023, whereby the claim petition filed by the claimants-appellants (for short ‘claimants’) was partly allowed and a total compensation to the tune of Rs.20,23,140/- was awarded in favour of the claimants, along with interest @ 7% per annum.

2. Heard learned counsel for the parties and perused the material available on record.

3. Learned counsel for the claimants submits that on 08.03.2023, at 7 PM, Bhagchand (since deceased) was going from his village to Deoli on motorcycle and when he reached near Gopalpura, a Maruti Van bearing registration No.RJ06-UB-2678, being driven by respondent No.1 in a rash and negligent manner, hit the Motorcycle from behind. As a result of such accident, Bhagchand sustained grievous injuries and later on he died. Thereafter, a claim petition was filed by the claimants, which was partly allowed by the learned Tribunal vide impugned judgment and award.

3.1 Learned counsel for the claimants further submits that the sole grievance of the claimants is that the learned Tribunal has erred in not granting compensation under the head of loss of consortium to each of the claimants. He also submits that in the instant case, the accident took place in March 2023, hence, an increment @ 10% should also be made in the amount of compensation towards the said head. He, therefore, prays that compensation of Rs.44,000/ should be awarded to each of the claimants separately, for the loss of consortium.

3.2 Learned counsel has relied upon the following judgments passed by the Hon'ble Supreme Court:-

(i) National Insurance Company Ltd. Vs. Pranay Sethi reported in (2017) 16 SCC 680

(ii) Magma General Insurance Company Vs. Nanuram @ Chuhru Ram & Ors. reported in (2018) 18 SCC 130.

4. Per contra, learned counsel for the respondent-Insurance Company opposes the submissions made by learned counsel for the claimants and submits that the impugned judgment and award passed by the learned Tribunal is just and reasonable, therefore, no interference is required by this Court.

5. Having heard learned counsel for the parties, this Court finds substance in the submissions made by the learned counsel for the claimants that each of the claimants is entitled to get compensation under the head of loss of consortium.

5.1 Further, as the incident in the present matter is of March 2023, therefore, an increment @10% shall also be made in the compensation awarded towards loss of consortium in light of the principles laid down by the Hon'ble Supreme Court in Pranay Sethi (supra).

5.2 Accordingly, each of the five claimants is entitled to the compensation of Rs. 44,000/- separately, towards loss of consortium. As there are five dependents-claimants, the total amount under the head of loss of consortium would be Rs.2,20,000/- (Rs.44,000/- X 5), however, the learned Tribunal has awarded a lump sum amount of Rs.48,000/- only, under the said head.

5.3 Consequently, the compensation towards loss of consortium is enhanced by Rs.1,72,000/- (Rs.2,20,000/- – Rs.48,000/-).

6. The respondents are directed to deposit the enhanced amount within a period of two months from today. The rest of the impugned award shall remain intact.

7. It is directed that the enh