1. With the consent of the parties, the matter is heard finally.

2. This appeal is by the claimants who are parents of the deceased against the award dated 13/05/2019 passed by Motor Accident Claims Tribunal, Jashpur (C.G.) in Claim Case No.34/2018 awarding total compensation of Rs.16,78,880/- with interest @ 6% per annum from the date of application till realization, fastening liability on the Insurance Company.

3. As per claim petition, on 13/12/2017, deceased Balwant Ram, aged about 28 years, earning Rs.400 – 500/- per day as Labour was coming to village Laxminagar on autorickshaw bearing registration number J.H. 08 D 2154. However, on the way, driver non-applicant No.3 of the truck bearing registration No. CG 14-D-2911 (hereinafter referred to as 'offending vehicle'), driving the same in a rash and negligent manner, dashed the autorickshaw, as a result of which, deceased sustained grievous injuries on his body and succumbed to the same. At the time of accident, offending vehicle was owned by non-applicant No.2 and insured with non-applicant No.4.

4. On claim petition being filed by the claimants under Section 166 of the Motor Vehicles Act seeking compensation to the tune of Rs.34,25,000/-, the Tribunal considering the evidence led by both the parties passed an award as mentioned in para 2 of this judgment.

5. 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 the sole ground that the tribunal has not awarded any amount towards filial consortium. Learned counsel further submitted that claimant-Santoshi Bai was not entitled to get any compensation as she was not living with the deceased and after death of deceased she had re-married to other person also, therefore, the income of deceased has not been properly assessed by the claims Tribunal.

6. On the other hand, learned counsel for the respondent No.4 / Insurance Company supported the impugned award and submits that the Tribunal considering all the relevant aspects of the matter and considering the evidence and material available on record passed the award impugned, which needs no interference by this Court.

7. I have heard learned counsel for the parties and perused the material available on record minutely.

8. Learned claims Tribunal, after analyzing the evidence and material available on record rightly held the monthly income of the deceased as Rs.8,450/-, which in the considered opinion of this Court is just and reasonable warranting no interference by this Court. NAW-1 Ghuran Ram, father of deceased, admitted that Santoshi (claimant) was married with Balwant (deceased) on 13/06/2016. Taking into account the said fact that the learned claims Tribunal has rightly held that claimant Santoshi and parents of the deceased are legal heirs of the deceased.

9. 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 Co. Ltd. Vs. Nanuram @ Chuhru Ram and others reported in 2018 A.C.J. 2782 (S.C.) 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. 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.”

10. In view of dictum rendered in the case of Magma General Insurance Company Limited (supra), this Court is of the opinion that appellants No.1 & 2, who are the father and mother of deceased, are also entitled to be awarded Rs.40,000/- each (Rs. 80,000/-) towards filial consortium.

11. In the result, the appeal is allowed. The appellants, who are father and mother of the deceased, are held entitled for enhanced compensation to the tune of Rs.80,000/- along with interest @ 6% per annum from the date of application/reply dated 03/08/2018, till realization. However, rest of the conditions of the impugned award shall remain intact.