Gujarat High Court
Bharatbhai Vasantbhai Parmar vs Popatbhai Bhikhabhai Patel on 18 June, 2025
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C/FA/1134/2023 JUDGMENT DATED: 18/06/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1134 of 2023
FOR APPROVAL AND SIGNATURE:
HONOURABLE MS. JUSTICE NISHA M. THAKORE
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Approved for Reporting Yes No
No
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BHARATBHAI VASANTBHAI PARMAR & ANR.
Versus
POPATBHAI BHIKHABHAI PATEL & ORS.
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Appearance:
NISHIT A BHALODI(9597) for the Appellant(s) No. 1,2
MANDEEP SINGH SALUJA(8791) for the Defendant(s) No. 3
RULE SERVED for the Defendant(s) No. 1,2
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CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 18/06/2025
ORAL JUDGMENT
1. The present appeal is filed at the instance of the original
claimants under Section 173 of the Motor Vehicles Act, 1988, being
aggrieved and dissatisfied with the judgment and award dated
11.03.2020 passed by the learned Motor Accident Claims Tribunal
(Main), Rajpipla, Narmada in M.A.C.P. No.250 of 2016.
1.1 By the said impugned judgment and award, though, the Tribunal
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has partly allowed the claim petition preferred by the present
appellants- original claimants under Section 166 of the Motor Vehicles
Act, 1988. However, the Tribunal has awarded the amount of
compensation to the tune of Rs.26,46,084/- with 9 % interest from the
date of claim petition till its actual realization, to be realized from the
original opponents jointly and severally.
2. This Court, vide order dated 23.03.2023, had admitted the
appeal, noticing the ground of amount of compensation being
awarded towards the loss of consortium dehors the legal principles
laid down in the case of Magma General Insurance Company Limited
Vs. Nanu Ram alias Chuhru Ram & Ors., reported in (2018) 18 SCC
3. Learned advocate Mr. Mandeep Singh Saluja has entered his
appearance on behalf of the respondent no.3-Insurance Company.
4. Mr. Nishit A. Bhalodi, learned advocate on record for the
applicants- original claimants, at the outset, has invited my attention
to the limited issue raised in the present appeal, specifically referred
to the ground-(b) raised in the appeal memo. Learned advocate has
further invited my attention to the summary of the amount of
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compensation awarded under the different heads as reflected in the
impugned judgment and award. He has, therefore, submitted that the
Tribunal committed gross error in confining the amount of
compensation under the head of loss of consortium to the tune of
Rs.40,000/- instead of Rs.96,800/-. He has, therefore, urged this Court
to allow the present appeal and to modify the impugned judgment
and award to the aforesaid extent. He has also urged this Court to
issue appropriate directions of awarding interest on such
compensation and to further issue directions with regard to release
and disbursement of the award amount.
5. Learned advocate Mr. Mandeep Singh Saluja appearing for the
respondent no.3-Insurance Company has mainly relied upon the
findings and the reasons assigned by the learned Tribunal. Learned
advocate was unable to dispute the legal principles laid down by the
Hon'ble Supreme Court in the case of Magma General (supra). As
regards awarding of amount of compensation towards the loss of
consortium is concerned, he has urged this Court to pass appropriate
directions, as regards other reliefs prayed by learned advocate for the
appellants.
6. Considering the aforesaid submissions of learned advocates for
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the respective parties, indisputably the claimants are the major sons
of the deceased. In the case of Magma General (supra), the Hon'ble
Supreme Court has referred to the decision of the Constitutional
Bench of the Hon'ble Supreme Court in the case of National
Insurance Company Ltd. vs. Pranay Sethi and Others reported in
(2017) 16 SCC 680, which has also dealt with the issue of
compensation under the head of loss of consortium. The Court has
further considered the compendious term which encompasses
'spousal consortium', 'parental consortium', and 'filial consortium' also.
The aforesaid decision deals with aspect of compensation towards the
loss of love, affection, care and companionship of the deceased.
Parental consortium is awarded to children, who lost the care and
protection of their parents who unfortunately met with the motor
vehicle accident. The widow has unfortunately expired and has been
deleted as claimant no.1 from the array of the parties. However, the
Court has considered her entitlement for loss of consortium under the
head of spousal consortium by awarding an amount of Rs.40,000/-,
which ought to have been considered as Rs.48,400/-.
7. As regards the entitlement of compensation towards the loss of
consortium, in case of remaining two applicants, who are the major
sons of the deceased, is concerned, in the opinion of this Court, having
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lost love, affection and care of their father, who has expired in the
motor vehicle accident, would be entitled to the parental consortium.
Appropriate to refer to the recent decision of the Hon'ble Supreme
Court in the case of Seema Rani & Ors. vs The Oriental Insurance
Company Limited (Civil Appeal No. 2323 of 2025 order dated
11.02.2025), referring to the earlier decision of the Supreme Court
holding major, married and earning children entitled to compensation
(National Insurance Company Ltd. vs Birender & Ors. (2020) 11 SCC
356, allowed the claim for consortium to major children. Thus, the
present appeal is allowed. The impugned judgment and award dated
11.03.2020 passed by the learned Motor Accident Claims Tribunal
(Main), Rajpipla, Narmada in M.A.C.P. No.250 of 2016, is hereby
modified by awarding loss of consortium of remaining two claimants
as Rs.48,400/- each. Thus, the total amount of compensation is
modified to the tune of Rs.27,42,884/-. The claimants are held entitled
to 7.5% interest per annum on such enhanced amount of Rs.96,800/-
(Rs. 27,42,884 - Rs. 26,46,084) of compensation from the date of filing
of claim petition till its actual realization. The amount of interim
compensation if realized under Section 140 of the Motor Vehicle Act,
the same shall be adjusted from the aforesaid amount determined.
8. The respondent-Insurance Company is directed to deposit the
enhanced amount of compensation within a period of six weeks from
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the date of receipt of the copy of this order.
9. On deposit of the aforesaid enhanced amount by the
respondent-Insurance Company, the Tribunal is directed to release
and disburse the aforesaid amount in favour of the original claimants,
subject to due verification, strictly in accordance with the guidelines
issued by the Hon'ble Supreme Court in this regard. While making the
payment, learned Tribunal/Court shall deduct the Court Fees, if not
paid, in accordance with prevailing Rule.
10. Let the aforesaid exercise be undertaken by the Tribunal within
a period of two weeks from the date of deposit of the award amount.
11. With these observations, present First Appeal stands disposed
of in aforesaid terms. Record and proceedings, if received, same are
directed to be remitted back to concerned Tribunal.
(NISHA M. THAKORE,J)
SUYASH SRIVASTAVA
