MASTER PANKAJ MINOR THROUGH NATURAL GUARDIAN MOTHER SMT. SUDESH v. Nanu Ram has interpreted the term "consortium" to be a compendious term & Ors.

MASTER PANKAJ MINOR THROUGH NATURAL GUARDIAN MOTHER SMT. SUDESH W/O LATE BHEEMSEN @ ANOOP, AGED ABOUT 30 YEARS, OCCUPATION: HOUSEHOLD GRAM GHHAREDU DISTT. BHIVANI, HARIYANAAND HALL MUKAM: THROUGH SANJAY SHARMA, AAY 7 AGRAWAL MARKET, DEWAS NAKA, INDORE (MADHYA PRADESH) BABY ANUSUIYA MINOR THROUGH NATURAL GUARDIAN MOTHER SMT. SUDESH W/O LATE BHEEMSEN @ ANOOP, AGED ABOUT 30 YEARS, OCCUPATION: HOUSEHOLD GRAM GHHAREDU DISTT. BHIVANI, HARIYANAAND HALL MUKAM: THROUGH SANJAY SHARMA, AAY 7 AGRAWAL MARKET, DEWAS NAKA, INDORE (MADHYA PRADESH)

#4. SMT. SUBADRI W/O LATE SHRI DEEPCHANDRA, AGE 65 YEARS, OCCUPATION NOTHING, ALL R/O GRAM DHAREDU, DISTRICT BHIVANI, HARYANA, HALMUKAM THROUGH SANJAY SHARMA, AAY 7, AGRAWAL MARKET, DEWAS NAKA, INDORE .....APPELLANTS (SHRI VIJAY SINGH CHOUHAN, LEARNED COUNSEL FOR THE APPELLANTS) . AND

#1. MANOJ S/O PARMANAND GURJAR OCCUPATION: VEHICLE DRIVER ADD. GRAM BUTHGARH, Signature Not Verified Signed by: HARIKUMAR NAIR Signing time: 9/12/2023 10:24:50 AM THANA NOORPUR BEDI, POST- KANPUR KHUI, DIST. ROPAD (PUNJAB) 2

#3. S/O S.L CHHABADA OCCUPATION: VIKAS BUSINESS 759 SINDHI COLONY, ADARSH NAGAR, JAIPUR, RAJASTHAN (RAJASTHAN) IFFCO TOKYO GENERAL INSURANCE CO. LTD. IFFCO TOKYO GENERAL INSURANCE CO. LTD. COMMERCE HOUSE (MADHYA PRADESH) (SHRI MANOJ JAIN, LEARNED COUNSEL FOR THE RESPONDENT [R-3]. .....RESPONDENTS This appeal coming on for admission this day, th e court passed the following: ORDER This appeal by the claimants under section 173(1) of the Motor Vehicles Act is arising out of the award dated 22.10.2019 passed by 26th Addl. MACT, Indore in Claim Case No.328/2015 seeking enhancement of the amount of compensation awarded by the Tribunal.

#2. The date of accident, negligence and the issue of liability are not in dispute and the findings recorded by the Tribunal in this regard are also not in question. As per the findings oft he Tribunal, for the death of Bheem Sen @ Anoop, the Tribunal has awarded a total compensation of Rs.11,60,776/- along with interest. The break up of the compensation amount is as under: Loss of dependency -Rs.10,63,296/- (i.e. Rs.5275 - 1/4 (i.e. Rs.1319/- towards personal expenses)=Rs.3956 Rs.1582 (40% future prospects)=5538x12x16(multiplier)) Transportation -Rs.27,480/- Consortium -Rs.40,000/- Funeral expenses -Rs.15,000/- Loss of estate -Rs.15,000/- Signature Not Verified Signed by: HARIKUMAR NAIR Signing time: 9/12/2023 10:24:50 AM 3 ----------------- TOTAL Rs.11,60,776/- ===========

#3. Learned counsel for the appellants submits that the Tribunal has committed an error in awarding adequate amount of compensation as the amount awarded by the Tribunal is on the lower side. The Tribunal has calculated the income of the deceased on the lower side at Rs.5275/- which deserves to be enhanced. The Tribunal has also not awarded any filial consortium to all the dependents, hence prays for just and proper amount of compensation in the matter.

#4. On the other hand, learned counsel for the Insurance Company has argued in support of the impugned award and contended that the Claims Tribunal has rightly awarded the compensation amount in the matter which does not call for any interference by this Court.

#5. After hearing learned counsel for the parties and going through the record, in the considered opinion of this Court, the Tribunal has not awarded just and proper amount of compensation in the case. Considering the evidence came on record, the income of the deceased calculated by the Tribunal is on the lower side which deserves to be enhanced. It has also been found that no amount has been awarded by the Tribunal to all the dependents under the head of filial consortium. The Apex Court in the case of Magma General Insurance Co. Ltd. vs. Nanu Ram & others has interpreted the term "consortium" to be a compendious term which encompasses spousal consortium, parental consortium as well as filial consortium. The right to consortium would include the company, care, help, comfort, guidance, solace and affection of the deceased which is a loss to his family. Considering the Signature Not Verified Signed by: HARIKUMAR NAIR Signing time: 9/12/2023 10:24:50 AM 4 facts and circumstances of the case and the evidence on record, in the considered opinion of this Court, the compensation awarded by the Tribunal deserves to be enhanced as under: Loss of dependency -Rs.11,89,440/- (i.e. Rs.5900x12 - 1/4 (personal expenses) 40% future prospects x 16 (multiplier). Filial consortium -Rs.1,60,000/- (i.e. Rs.40000x4) Funeral expenses -Rs.15,000/- Loss of estate -Rs.15,000/- Transportation -Rs.27,480/- --------------- TOTAL Rs.14,06,920/- ===========

#6. Hence, the just and proper amount of compensation in the case is Rs.14,06,920/- as against the award of the Tribunal of Rs.11,60,920/-. Accordingly, the appellants are entitled to an additional sum of Rs.2,46,000/- over and above the amount which has been awarded by the Tribunal.

#7. Accordingly, the appeal is partly allowed by enhancing the compensation amount by a sum of Rs.2,46,000/-. The enhanced amount shall bear interest at the same rate as awarded by the Tribunal. The other findings recorded by the Tribunal shall remain intact. The appellants have valued the appeal only to the extent of Rs.1,00,000/- and paid the Court fee accordingly, however, for the remaining amount of Rs.1,46,000/- the Court fee shall be paid by the appellants within a period of one month and thereafter the amount shall be released by the Insurance Company on receiving the certificate. In case the certificate has not been filed before the Insurance Company up to a period of Signature Not Verified Signed by: HARIKUMAR NAIR Signing time: 9/12/2023 10:24:50 AM three months, the claimants shall not be entitled to receive the interest on the 5 enhanced amount of compensation.

#8. In the result, the appeal is allowed in part and to the extent indicated herein above. hk/ (HIRDESH) JUDGE Signature Not Verified Signed by: HARIKUMAR NAIR Signing time: 9/12/2023 10:24:50 AM