Supreme Court: Court can grant compensation for loss of consortium to parents and children also under motor accident claim petition

 Learned counsel for the appellant has

submitted that Pranay Sethi has only referred to

spousal consortium and no other consortium was

referred to in the judgment of Pranay Sethi, hence,

there is no justification for allowing the parental

consortium and filial consortium. The Constitution

Bench in Pranay Sethi has referred to amount of

Rs.40,000/- to the ‘loss of consortium’ but the

Constitution Bench had not addressed the issue as

to whether consortium of Rs.40,000/- is only

payable as spousal consortium. The judgment of

Pranay Sethi cannot be read to mean that it lays

down the proposition that the consortium is payable

only to the wife.

39. The Three-Judge Bench in United India

Insurance Company Ltd. (Supra) has categorically

laid down that apart from spousal consortium,

parental and filial consortium is payable. We feel

ourselves bound by the above judgment of Three

Judge Bench. We, thus, cannot accept the submission

of the learned counsel for the appellant that the

amount of consortium awarded to each of the

claimants is not sustainable.

REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.3093 OF 2020

THE NEW INDIA ASSURANCE COMPANY LIMITED Vs

SMT. SOMWATI 

Author: ASHOK BHUSHAN,J.

Dated:SEPTEMBER 07, 2020.

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Whether parents of deceased child are entitled to get compensation for loss of love and affection in MACT case?

Further, we award Rs.1,00,000/- to each of the appellant-children, i.e. Rs.1,00,000/- and Rs.3,00,000/- respectively, as per the principles laid down by this Court in the case of Jiju Kuruvila & Ors. v. Kunjujamma Mohan & Ors.[5] towards loss of love and affection of the deceased father. Further, an amount of Rs.50,000/- each is to be awarded to the parents of the deceased for the loss of love and affection of their deceased son as per the principles laid down by this Court in the case of M. Mansoor & Anr. v. United India Insurance Co. Ltd[6]. We further award Rs.25,000/- each towards funeral expenses of both the deceased as held by this Court in the case of Rajesh & Ors. v. Rajbir Singh & Ors.[7]

Supreme Court of India

Smt.Neeta W/O Kallappa Kadolkar & ... vs The Div.Manager, Msrtc, Kolhapur on 13 January, 2015

Bench: V. Gopala Gowda, C. Nagappan

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