Harita Dewangan W/o Late Tilaknath Dewangan v. Ramesh Korram S/o Danuram Korram
2023-05-03
RADHAKISHAN AGRAWAL
body2023
DigiLaw.ai
JUDGMENT : 1. Heard on I.A. No.1 of 2019. 2. This is an application for condonation of delay of 113 days in filing the MAC. 3. For the reasons mentioned in the application which is duly supported by an affidavit, the same is allowed and delay in filing the MAC is condoned. 4. Also heard on admission. 5. The appeal being arguable is admitted for hearing. 6. With the consent of the parties, the matter is heard finally. 7. This appeal is by the claimants against the award dated 25.01.2019 passed by Motor Accident Claims Tribunal, Kondagaon, District Kondagaon, C.G. in Claim Case No.63/2018 awarding total compensation of Rs.48,84,432/- with interest @ 9% per annum from the date of application till realization, fastening liability on the Insurance Company. 8. As per claim petition, on 25.04.2018, deceased Tilak Nath Dewangan, aged about 43 years, earning Rs.33,710/- per month as Lecturer (Panchayat) was coming from Narayanpur to Kondagaon on motorcycle bearing registration CG17-KD-4042. However, on the way, driver of the vehicle Bolero bearing registration No.CG07-AY-4062 (hereinafter referred to as 'offending vehicle'), driving by non-applicant No.1 in a rash and negligent manner, dashed the motorcycle of the deceased, as a result of which, deceased sustained grievous injuries on his body and succumbed to the same. It is not disputed that at the time of accident, offending vehicle was owned by non-applicant No.2 and insured with non-applicant No.4. 9. On claim petition being filed by the claimants under Section 166 of the Motor Vehicles Act seeking compensation to the tune of Rs.50,00,000/-, the Tribunal considering the evidence led by both the parties passed an award as mentioned in para 7 of this judgment. 10. Learned counsel for the appellants/claimants submits that though he has raised various grounds in the memo of appeal, however, he is not pressing all those grounds and is assailing the award on sole ground that the Tribunal has not granted any amount towards filial consortium to respondent No.3, who is the mother of deceased & loss of parental consortium to appellant No.2, son of deceased. In support of above contention, reliance has been placed on the decisions of the Hon'ble Supreme Court in the matters of Magma General Insurance Co. Ltd. Vs. Nanuram @ Chuhru Ram and others reported in 2018 A.C.J. 2782 (S.C.) and United India Insurance Company Ltd. vs. Satidnder Kaur, 2021 (11) SCC 780 . 11.
In support of above contention, reliance has been placed on the decisions of the Hon'ble Supreme Court in the matters of Magma General Insurance Co. Ltd. Vs. Nanuram @ Chuhru Ram and others reported in 2018 A.C.J. 2782 (S.C.) and United India Insurance Company Ltd. vs. Satidnder Kaur, 2021 (11) SCC 780 . 11. On the other hand, learned counsel for the respondent/insurance company supports the impugned award and submits that the Tribunal considering all the relevant aspects of the matters has rightly awarded compensation which needs no interference by this Court. 12. Heard learned counsel for the parties and perused the material available on record. 13. So far as non-grant of any amount towards filial consortium is concerned, the Hon'ble Supreme Court in the matter of the Supreme Court in Magma General Insurance Company (supra) has observed in paras 21, 21.1, 21.2, 21.3, 22 and 23 as under:- “21. A Constitution Bench of this Court in Pranay Sethi dealt with the various heads under which compensation is to be awarded in a death case. One of these heads is loss of consortium. In legal parlance, “consortium” is a compendious term which encompasses “spousal consortium”, “parental consortium”, and “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. With respect to a spouse, it would include sexual relations with the deceased spouse: 21.1. Spousal consortium is generally defined as rights pertaining to the relationship of a husband-wife which allows compensation to the surviving spouse for loss of “company, society, cooperation, affection, and aid of the other in every conjugal relation”. 21.2. Parental consortium is granted to the child upon the premature death of a parent, for loss of “parental aid, protection, affection, society, discipline, guidance and training”. 21.3 Filial consortium is the right of the parents to compensation in the case of an accidental death of a child. An accident leading to the death of a child causes great shock and agony to the parents and family of the deceased. The greatest agony for a parent is to lose their child during their lifetime. Children are valued for their love, affection, championship and their role in the family unit. 22. Consortium is a special prism reflecting changing norms about the status and worth of actual relationships.
The greatest agony for a parent is to lose their child during their lifetime. Children are valued for their love, affection, championship and their role in the family unit. 22. Consortium is a special prism reflecting changing norms about the status and worth of actual relationships. Modern jurisdictions world-over have recognised that the value of a child's consortium far exceeds the economic value of the compensation awarded in the case of the death of a child. Most jurisdictions therefore permit parents to be awarded compensation under loss of consortium on the death of a child. The amount awarded to the parents is a compensation for loss of the love, affection, care and companionship of the deceased child. 23. The Motor Vehicles Act is a beneficial legislation aimed at providing relief to the victims or their families, in cases of genuine claims. In case where a parent has lost their minor child, or unmarried son or daughter, the parents are entitled to be awarded loss of consortium under the head of filial consortium. Parental consortium is awarded to children who lose their parents in motor vehicle accidents under the Act. A few High Courts have awarded compensation on this count. However, there was no clarity with respect to the principles on which compensation could be awarded on loss of filial consortium.” 14. In view of dictum rendered in the case of Magma General Insurance Company Limited (supra), this Court is of the opinion that respondent No.3, who is the mother of deceased, is entitled to be awarded Rs.40,000/- towards filial consortium. 15. Further, the three Judges Bench judgment of Hon'ble Supreme Court in the matter of Satinder Kaur and Ors, (supra) has held that the compensation under the head on account of loss of love and affection is not permissible but compensation on account of spousal consortium for wife and for the parental consortium for children is admissible. This Court held as under:- “30. In Magma General Insurance Co. Ltd. v. Nanu Ram, (2018) 18 SCC 130 : (2019) 3 SCC (Civ) 146 : (2019) 3 SCC (Cri) 153, this Court interpreted “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.
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. With respect to a spouse, it would include sexual relations with the deceased spouse. 31. Parental consortium is granted to the child upon the premature death of a parent, for loss of parental aid, protection, affection, society, discipline, guidance and training. Filial consortium is the right of the parents to compensation in the case of an accidental death of a child. An accident leading to the death of a child causes great shock and agony to the parents and family of the deceased. The greatest agony for a parent is to lose their child during their lifetime. Children are valued for their love and affection, and their role in the family unit. 32. Modern jurisdictions world over have recognised that the value of a child's consortium far exceeds the economic value of the compensation awarded in the case of the death of a child. Most jurisdictions permit parents to be awarded compensation under the loss of consortium on the death of a child. The amount awarded to the parents is the compensation for loss of love and affection, care and companionship of the deceased child. 33. The Motor Vehicles Act, 1988 is a beneficial legislation which has been framed with the object of providing relief to the victims, or their families, in cases of genuine claims. In case where a parent has lost their minor child, or unmarried son or daughter, the parents are entitled to be awarded loss of consortium under the head of filial consortium. Parental consortium is awarded to the children who lose the care and protection of their parents in motor vehicle accidents. The amount to be awarded for loss consortium will be as per the amount fixed in Pranay Sethi [National Insurance Co. Ltd. v. Pranay Sethi, (2017) 16 SCC 680 : (2018) 3 SCC (Civ) 248 : (2018) 2 SCC (Cri) 205]. 34. At this stage, we consider it necessary to provide uniformity with respect to the grant of consortium, and loss of love and affection. Several Tribunals and the High Courts have been awarding compensation for both loss of consortium and loss of love and affection. The Constitution Bench in [National Insurance Co.
34. At this stage, we consider it necessary to provide uniformity with respect to the grant of consortium, and loss of love and affection. Several Tribunals and the High Courts have been awarding compensation for both loss of consortium and loss of love and affection. The Constitution Bench in [National Insurance Co. Ltd. v. Pranay Sethi, (2017) 16 SCC 680 : (2018) 3 SCC (Civ) 248 : (2018) 2 SCC (Cri) 205], has recognised only three conventional heads under which compensation can be awarded viz. loss of estate, loss of consortium and funeral expenses. In Magma General [Magma General Insurance Co. Ltd. v. Nanu Ram, (2018) 18 SCC 130 : (2019) 3 SCC (Civ) 146 : (2019) 3 SCC (Cri) 153] , this Court gave a comprehensive interpretation to consortium to include spousal consortium, parental consortium, as well as filial consortium. Loss of love and affection is comprehended in loss of consortium. 35. The Tribunals and the High Courts are directed to award compensation for loss of consortium, which is a legitimate conventional head. There is no justification to award compensation towards loss of love and affection as a separate head.” 16. In view of dictum rendered in the case of Satinder Kaur & Ors (supra), this Court is of the opinion that appellant No.2, who is the son of deceased, is entitled to be awarded Rs.40,000/- towards parental consortium. 17. In view of above, the claimant No. 2 (son) and respondent No.3 (mother) are held entitled for additional compensation of Rs.40,000/- each towards loss of parental consortium and filial consortium respectively. 18. Since the Tribunal has already awarded Rs.48,84,432/-, the claimant No.2 and respondent No.3 are held entitled for additional compensation of Rs.80,000/- with interest @ 9% per annum from the date of application till realization. However, rest of the conditions of the impugned award shall remain intact. 19. In the result, the appeal is allowed in part with modification in the impugned award to the above extent.