Children Who Lose Parent In Motor Accident Entitled To Parental Consortium: Gauhati High Court Enhances Compensation To ₹8 Lakh
The Gauhati High Court enhanced accident compensation to the kin of a deceased man to over Rs. 8 Lakh granting compensation for deceased's future prospects who was 44 years old at the time of his death as well as parental consortium to his two sons which had not been granted by the motor accident tribunal. Justice Kaushik Goswami observed, “ In the present case, admittedly, no amount...
The Gauhati High Court enhanced accident compensation to the kin of a deceased man to over Rs. 8 Lakh granting compensation for deceased's future prospects who was 44 years old at the time of his death as well as parental consortium to his two sons which had not been granted by the motor accident tribunal.
Justice Kaushik Goswami observed,
“ In the present case, admittedly, no amount towards future prospects was assessed or awarded by the learned Tribunal. The omission, therefore, warrants correction in terms of the law laid down in Pranay Sethi (supra). It appears from the materials on record that the deceased was aged about 44 years at the time of the accident. He was survived by his wife, who was aged about 42 years, and his two sons, who were aged about 20 years and 19 years respectively at the time of filing of the claim petition.
The Apex Court further explained that parental consortium is awarded to children who lose their parents in motor vehicle accidents and that the amount of compensation under the said head is to be governed by the principles laid down in Pranay Sethi (supra).
In view of the aforesaid settled position, and since the learned Tribunal did not award any amount towards parental consortium to the two sons of the deceased, the Judgment and Award dated 22.06.2016 requires modification to that extent. The claimants would accordingly be entitled to compensation towards spousal consortium in favour of the widow and parental consortium in favour of the two sons.”
The observation came in an appeal under Section 173 of the Motor Vehicles Act, 1988 against the Judgment and Award passed by the Additional District Judge, Kamrup (M), Guwahati in an MAC Case. The appeal was preferred for enhancement of the compensation of Rs.5,89,000 together with interest at 6% per annum.
The widow of the deceased, along with her two sons had filed a claim petition under Section 166 of the Motor Vehicles Act seeking compensation on account of the death of her husband in a road traffic accident. The Tribunal determined Rs.5,04,000 towards loss of dependency, Rs.25,000 towards funeral expenses, Rs.50,000 towards loss of consortium and Rs.10,000 towards loss of estate.
The specific case of the appellants was that no amount towards "future prospects" was assessed or awarded by the Tribunal and that compensation towards loss of consortium was not determined in accordance with National Insurance Company Limited v. Pranay Sethi & Ors., reported in (2017) 16 SCC 680.
It was also submitted that the monthly income of the deceased was assessed at Rs.4,500 despite evidence on record establishing it at Rs.5,000, and that the amount awarded towards loss of estate was liable to be enhanced.
The annual income, therefore, came to Rs.75,000. Upon deducting one-third towards the personal and living expenses of the deceased, the annual contribution to the family was Rs.50,000. Applying the multiplier of 14, the loss of dependency worked out to Rs.7,00,000.
In view of the settled position, the Court held that the Judgment and Award required modification to that extent and that the claimants were entitled to compensation towards spousal consortium in favour of the widow and parental consortium in favour of the two sons.
The Court said, “Accordingly, applying the amount of Rs. 40,000/- prescribed in Pranay Sethi (supra), as enhanced in accordance with the principle of periodic enhancement laid down therein, the wife and the two sons of the deceased would be entitled to Rs.48,400/- each towards loss of consortium.”
The Court accordingly enhanced the compensation to Rs.8,81,500, which included amounts towards loss of dependency, spousal and parental consortium, funeral expenditure and loss of estate.
The Judgment and Award was modified to that extent, and the Insurance Company was directed to deposit the balance enhanced amount within six weeks.
Case No.: MACAPP. 246 of 2016
Case Title: Smt Putul Deka & Ors. v. Sri Kamal Rajbongshi & Ors.
LL Citation: 2026 LiveLaw (Gau) 130