Supreme Court: A sum of Rs. 40,000/- is to be paid to each of the parents towards loss of consortium on the death of a child

This Court in Magma General Insurance Co. Ltd. v. Nanu Ram and Ors. MANU/SC/1012/2018 : (2018) 18 SCC 130 has held that a sum of Rs. 40,000/- is to be paid to each of the parents towards loss of consortium on the death of a child. Therefore, the Appellants are entitled to be awarded Rs. 40,000/- each towards loss of consortium.

IN THE SUPREME COURT OF INDIA

Civil Appeal No. 6291 of 2019 

Decided On: 14.08.2019

Joginder Singh and Ors. Vs. ICICI Lombard General Insurance Company

Hon'ble Judges/Coram:

Indu Malhotra and Sanjiv Khanna, JJ.

Author: Indu Malhotra, J.

Citation: 2019 (4) TAC 3, MANU/SC/1096/2019.

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Supreme Court: The court should apply Multiplier for compensation under motor accident claims as per the age of the deceased and not as per the age of the dependents

Having heard learned counsel for the parties, this Court is of the opinion that on the issue of multiplier, the approach of the High Court was incorrect; it cannot be sustained, having regard to the three-Judge Bench decision of this Court in M/s Royal Sundaram Alliance Insurance Company Ltd. Vs. Mandala Yadagari Gour & Ors. in (2019) 5 SCC 554, wherein it was observed as under :-

“16. In view of the Judgment delivered today in Civil Appeal No. 6600 of 2015 titled as “Royal Sundaram Alliance Insurance Co. Ltd. Vs. Mandala Yadagari Goud, opining that it is the age of the deceased and not such of the dependents in case of the death of a bachelor which is to be the basis for the multiplier, this appeal is also liable to be dismissed as this is the only plea urged.

IN THE SUPREME COURT OF INDIA 

CIVIL APPELLATE JURISDICTION 

CIVIL APPEAL NOs. 7025-7026 OF 2022 

GIASI RAM AND ANR. Vs ICICI LOMBARD GENERAL INSURANCE CO. LTD. & ORS.

Coram: S. RAVINDRA BHAT; J., SUDHANSHU DHULIA; J.

Dated: SEPTEMBER 29, 2022 

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Whether claimant are entitled to get compensation towards loss of consortium for death of bachelor?

However, since it is a case of death of a bachelor, the claimants are not entitled to any compensation towards loss of consortium. The Tribunal has grossly erred in awarding a sum of ` 20,000/- under this head. The same is not permissible and is accordingly set aside.

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

M.F.A. No. 8139 of 2015 (MV)

Decided On: 15.12.2015

Appellants: H.P. Rajakumar and Ors. 
Vs.
Respondent: Madaraje Ars and Ors.

Hon'ble Judges/Coram:N.K. Patil and P.D. Waingankar, JJ.

Citation;2016(3) ALLMR(Journal) 26

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