[Motor Accident Death] 'Parental Consortium' Available To All Children Irrespective Of Whether They Were Dependent On Deceased Or Not: Delhi High Court

The Delhi High Court in a recent judgement observed that in cases of motor accident deaths, parental consortium is available to all the children irrespective of the fact that whether they were dependent on the deceased or not.

Parental consortium is granted to the child on the premature death of a parent for loss of parental aid, protection, affection, society, discipline, guidance and training, explained the court.

Justice Gaurang Kanth was dealing with a plea challenging an order passed by Motor Accident Claims Tribunal awarding compensation to four dependents of the deceased, a 44 year old man who had died in an accident.

The tribunal in 2012 awarded a compensation of Rs. 9,83,660 with interest @ 7.5 % per annum from the date of filing of the claim petition till realization of the amount. It also directed the Insurance Company to deposit the entire awarded awarded within a period of one month.

While the deceased was survived by seven legal representatives, the tribunal considered only four of them as dependent - excluding two married daughters and major son. The tribunal said that there were no evidence to prove dependency of the three.

In the appeal before high court in 2013, the dependents sought enhancement of compensation relying upon a Supreme Court ruling in National Insurance Co. Ltd v. Pranay Sethi & Ors wherein it was held that compensation is to be paid under the head 'Future Prospects' by adding 25% of the assessed income of the deceased.

Justice Kanth in the decision dated September 23 was of the view that since the deceased was 44 years of age at the time of incident, an addition of 25% of the established income must be granted under the head 'Future Prospects'.

Relying on a Supreme Court judgment in Magma General Insurance Company v. Nanu Ram alias Chuhru Ram, the Court observed that all the children of the deceased were entitled for the consortium under the head Parental Consortium.

"The Hon'ble Supreme Court in the case ... while explaining the principle of consortium, held that in legal parlance, 'consortium' 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," said the court.

The widow is entitled for the spousal consortium and mother is entitled for the filial consortium, the court said further

The court thus enhanced the compensation awarded by the Tribunal from Rs. 9,83,660 to Rs. 15,08,096.

"The Respondent is directed to deposit the entire differential amount with the learned Claims Tribunal within a period of 4 weeks. On deposit of the entire amount, the modified Award alongwith interest is directed to be released to the appellants/claimants in terms of the Award dated 30.03.2012. Statutory amount, if deposited, be released to the appellant," the court ordered.

Title: KANTI DEVI & ORS v. NEW INDIA ASSURANCE COMPANY LTD. & ORS

Citation: 2022 LiveLaw (Del) 923

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