Court Journey — Stage by Stage
A 48-year-old private security employee, walking as a pedestrian, was hit by a car and died of his injuries. His wife and three children filed a claim petition.
The Tribunal took monthly income at ₹7,000 and awarded ₹8,44,000 with 7.5% interest: loss of dependency ₹8,19,000, funeral ₹10,000, loss of estate ₹10,000 and consortium of only ₹5,000 to the wife. Nothing was given to the children as consortium.
In M.A.C.M.A. No. 1363 of 2015, the High Court added 25% future prospects, recomputed dependency at ₹10,23,672 and gave a lump sum of ₹77,000 under all conventional heads, raising the total to ₹11,00,672.
The Supreme Court awarded ₹48,400 as consortium to the wife and to each of the three children, raised funeral expenses and loss of estate to ₹15,000 each, and fixed the total at ₹12,47,272.
Facts in Brief
The deceased was 48 and working as a security in-charge. The claimants said he earned ₹9,000 a month, but the Tribunal accepted the employer’s evidence of ₹7,000. The claimants were his wife and three children, aged between 18 and 21, all dependent on him.
Notice in the Supreme Court was issued on the limited question of parental consortium. The Court, however, examined consortium in both its spousal and parental forms. It also looked at the claim about income and held that the Tribunal had committed no error in taking ₹7,000 a month on the basis of the employer’s testimony.
Questions Before the Court
What the Court Decided
The Supreme Court held that the wife and each of the three children were legal representatives and dependants, and each was entitled to consortium: spousal consortium for the wife and parental consortium for each child. Following Pranay Sethi and Magma General Insurance v. Nanu Ram, it fixed ₹40,000 per claimant with one 10% enhancement, i.e. ₹48,400 each (₹1,93,600 in all). Funeral expenses and loss of estate were raised to ₹15,000 each, and loss of dependency as computed by the High Court was maintained.
The total compensation was recalculated at ₹12,47,272. The additional amount of ₹1,46,600 over the High Court’s award carries interest at 7.5% per annum from the date of the claim petition, and the insurer was directed to deposit it with the Tribunal within six weeks, for release to the claimants in equal shares directly to their bank accounts.
- Loss of dependency: ₹10,23,672 (as computed by the High Court).
- Consortium: ₹48,400 to the wife + ₹48,400 to each of three children = ₹1,93,600.
- Funeral expenses ₹15,000; loss of estate ₹15,000. Total: ₹12,47,272.
- Additional ₹1,46,600 with 7.5% interest from the date of petition, to be deposited within six weeks and released in equal proportion after verification.
The Key Principle
Reasoning & Analysis
Who can claim. Relying on Manjuri Bera v. Oriental Insurance, (2007) 10 SCC 643, National Insurance v. Birender, (2020) 11 SCC 356 and Gujarat SRTC v. Ramanbhai Prabhatbhai, (1987) 3 SCC 234, the Court held that all legal representatives may maintain a claim and that consortium follows from that entitlement.
Second Schedule is outdated. The Court noted that the Second Schedule to the MV Act, with its ₹5,000 for consortium, has been held unworkable in Trilok Chandra and Puttamma, and is not followed.
Meaning of consortium. Citing Rajesh v. Rajbir Singh, (2013) 9 SCC 54 and Magma General Insurance v. Nanu Ram, (2018) 18 SCC 130, it explained spousal consortium (companionship and support of the spouse), parental consortium (parental aid, protection, affection, guidance and training for a child) and filial consortium (for parents who lose a child).
Rates. Under National Insurance v. Pranay Sethi, (2017) 16 SCC 680, loss of estate, consortium and funeral expenses are ₹15,000, ₹40,000 and ₹15,000, to be enhanced by 10% every three years. The Tribunal erred in giving only ₹5,000 to the wife and nothing to the children, and the High Court erred in a lump-sum ₹77,000 for all heads.
How It Sits With Earlier Law
The judgment applies the Constitution Bench decision in Pranay Sethi (2017) and Magma General Insurance v. Nanu Ram (2018), which recognised parental and filial consortium. It confirms that each child, not only minor children, can receive parental consortium where they are legal representatives and dependants; here the children were between 18 and 21. The figure of ₹48,400 reflects one 10% enhancement as applied by the Court; practitioners should compute the applicable enhancement with reference to the facts of their own case and current Supreme Court practice.
How to Use This Judgment
In every MACT death claim, plead consortium separately for the spouse and for each child (and for parents, as filial consortium, where a child dies). Do not accept a lump sum for “conventional heads”; ask for each head at the Pranay Sethi rate with the periodic enhancement.
In appeals where the Tribunal or High Court has missed a claimant, this judgment supports enhancement even at the Supreme Court stage, with interest from the date of petition on the additional amount. This note is shared for general legal awareness and is not legal advice.