Wife and Every Child Entitled to Consortium in a Motor Accident Death Claim — Supreme Court Awards ₹48,400 Each

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.

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.

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.

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.