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29. The principles governing award of compensation under conventional heads, particularly with regard to award for loss of consortium, have been laid down by the Supreme Court in Magma General Insurance Company Ltd. v. Nanu Ram alias Chuhru Ram and others, (2018) 18 SCC 130. In Magma General Insurance Company Ltd. (supra), it has been held:

"21. A Constitution Bench of this Court in Pranay Sethi[National Insurance Co. Ltd. v. Pranay Sethi, (2017) 16 SCC 680 : (2018) 3 SCC (Civ) 248 : (2018) 2 SCC (Cri) 205] 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 : [Rajesh v. Rajbir Singh, (2013) 9 SCC 54 : (2013) 4 SCC (Civ) 179 : (2013) 3 SCC (Cri) 817 : (2014) 1 SCC (L&S) 149] 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". [Black's Law Dictionary(5th Edn., 1979).] 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".

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 [ Rajasthan High Court in Jagmala Ram v. Sohi Ram, 2017 SCC OnLine Raj 3848 : (2017) 4 RLW 3368; Uttarakhand High Court in Rita Rana v. Pradeep Kumar, 2013 SCC OnLine Utt 2435 : (2014) 3 UC 1687; Karnataka High Court in Lakshman v. Susheela Chand Choudhary, 1996 SCC OnLine Kar 74 : (1996) 3 Kant LJ 570] . However, there was no clarity with respect to the principles on which compensation could be awarded on loss of filial consortium.

31. Here, each of the claimants are entitled to compensation for the loss of consortium. The widow is entitled to compensation for loss of spousal consortium, the parents to filial consortium and the two minor children to parental consortium. Of course for loss of estate, the award has to be enhanced to Rs. 15,000/- and an equal sum of money in compensation awarded towards funeral expenses in one set each. But, for the loss of consortium, each of the claimants are entitled to a sum of Rs. 40,000/- going by the principle laid down in Pranay Sethi and Magma General Insurance Company Ltd.

53. The Tribunal has not awarded anything towards future prospects, which ought to have been done according to Rule 220-A (3) of the Rules of 1998. The deceased was a casual labourer, whose income has been determined by the Tribunal at a figure of Rs. 100/- per day or Rs. 3000/- per month. The said income going by the provisions of Rule 220-A(3) (iii), given the age of the deceased, would entitle the claimants towards future prospects to add 20% to his wages.

54. The deceased has left behind his widow, who is entitled to compensation for the loss of spousal consortium and the father for the loss of filial consortium. However, as far as the children are concerned, they are all adults and bearing in mind what I have held in Jiuti Devi, they would not be entitled to compensation on account of the loss of parental consortium.