[2025:RJ-JP:48195] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 1450/2024 1. Mancheta W/o Jasram, Aged About 29 Years, R/o - Gram Rahmanpura, Post Jhundwa, Tehsil Uniyara, District Tonk. 2. Priyanka D/o Jasram, Aged About 12 Years, Minor Through Guardian Mother Mancheta Devi W/o Jasram, R/o - Gram Rahmanpura, Post Jhundwa, Tehsil Uniyara, District Tonk. 3. Aadesh S/o Jasram, Aged About 15 Years, Minor Through Guardian Mother Mancheta Devi W/o Jasram, R/o - Gram Rahmanpura, Post Jhundwa, Tehsil Uniyara, District Tonk. 4. Abhishek S/o Jasram, Aged About 10 Years, Minor Through Guardian Mother Mancheta Devi W/o Jasram, R/o - Gram Rahmanpura, Post Jhundwa, Tehsil Uniyara, District Tonk. 5. Tulsa Devi W/o Banshilal, Aged About 63 Years, R/o - Gram Rahmanpura, Post Jhundwa, Tehsil Uniyara, District Tonk. ----Appellants Versus 1. Ramkesh Meena S/o Rajaram, R/o - Rahmanpura Post Jhundwa Tehsil Uniyara, District Tonk Driver Tractor No. R.J.-26-RB-0929 2. Prakash Meena S/o Gangadhar, R/o - Gram Kashipura Post Mani, Tehsil Nainwa, District Bundi Owner Tractor No. R.J.-26-RB-0929 3. New India Insurance Co. Ltd., Second SBI Bank Ke Piche, Transport Nagar, Jaipur. ----Respondents For Appellant(s) : Mr. Bhanu Prakash Verma, Adv. For Respondent(s) : Mr. V.P. Mathur, Adv. for insurance co. HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 27/11/2025 1. This appeal has been filed by the claimants-appellants against the judgment and award dated 08.11.2023 qua the enhancement of the amount of award passed by learned Motor Accident Claims Tribunal, Tonk (hereinafter referred to as learned [2025:RJ-JP:48195] (2 of 4) [CMA-1450/2024] 'Tribunal') in Claim Petition No.123/2020 titled as Mancheta & Ors. Vs. Ramkesh Meena & Ors., whereby, an award of Rs. 15,22,650/- has been granted in favour of the appellants along with the interest of 7% per annum. 2. Though, this appeal has been filed on the ground of quantum of the income determined by the learned Tribunal, however, learned counsel for the appellants restricts the claim only upto the quantum of compensation awarded in favour of the appellants under the head of consortium. 3. Learned counsel for the appellants contends that learned Tribunal vide impugned award dated 08.11.2023 has granted an amount of Rs.44,000/- only under the head of consortium to all the claimants-appellants, without considering that the appellant No.1; who is wife of the deceased-Jasram, is entitled for spouse consortium; appellant Nos.2, 3 & 4; who are children of the deceased, are entitled for parental consortium and appellant No.5; who is mother of the deceased, is entitled for filial consortium. Thereby, all the appellants are entitled for separate amount of consortium under various heads, hence, only to this extent, the present appeal be allowed and the appellants be given consortium separately. 4. Learned counsel for the respondent No.3-Insurance Company supports the impugned award and vehemently opposes the arguments advanced by learned counsel for the appellants. 5. Heard learned counsel for the parties and perused the material available on record. 6. The Hon'ble Supreme Court in the cases of National Insurance Company Limited Vs. Pranay Sethi & Ors. : [2025:RJ-JP:48195] (3 of 4) [CMA-1450/2024] (2017) 16 SCC 680, United India Insurance Co. Ltd. Vs. Satinder Kaur @ Satwinder Kaur and Ors. : (2021) 11 SCC 780 and Magma General Insurance Co. Ltd. Vs. Nanu Ram @ Chuhru Ram and Ors. : (2018) 18 SCC 130, laid down that the spouse, children and parents of the deceased are entitled for separate consortium under the head of spouse, parental and filial consortium and as per the judgment of Pranay Sethi (supra), the amount of consortium is Rs.40,000/- with an addition of 10% after every three years. 7. In view of the law laid down by Hon'ble the Supreme Court in all the aforesaid three authoritative pronouncements, this Court deems it proper to hold that all the appellants are entitled to get separate consortium. 8. Hence, the present appeal is partly allowed qua the enhancement of the award amount under the head of consortium and thereby, each appellant is entitled to get the separate consortium amount in following manner:- a. Appellant No.1, who is wife of the deceased is entitled to get Rs.48,000/- under the head of spouse consortium; b. Appellant Nos. 2, 3 & 4, who are children of deceased are entitled to get Rs.48,000/- each under the head of parental consortium and c. Appellant No.5, who is mother of the deceased is entitled to get Rs.48,000/- under the head of filial consortium. 9. Accordingly, the impugned judgment and award dated 08.11.2023, amounting to Rs.15,22,650/- passed by learned Motor Accident Claims Tribunal, Tonk, is modified in above terms. [2025:RJ-JP:48195] (4 of 4) [CMA-1450/2024] Rest of the award shall remain same. The appellants are entitled to get interest @ 8% per annum on the enhanced amount. 10. Pending application(s), if any, also stand disposed of. (ASHUTOSH KUMAR),J Mohita /26