[Motor Accident Death] Parental Consortium Cannot Be Granted To A Claimant Who Is No More A "Child": Telangana High Court

Brief Facts of the Case

The appeal was filed by the claimant for enhancement of compensation being aggrieved by the decree of the Motor Accident Claims Tribunal. The claim was made for Rs. 6,00,000/- and the Tribunal awarded an amount of Rs. 1,96,000/- only.

The deceased was the mother of the claimant. It was contended in the claim petition that the deceased used to earn Rs. 15,000/- by doing vegetable business and died in the accident on 31.03.2014 due to rash and negligent driving of 1^st respondent.

The counsel for appellant among many grounds contended that the appellant was entitled for compensation towards parental consortium. But the 2^nd respondent-insurance company contended that the claimant was not entitled for parental consortium as he was not a child. In support of the contentions, the counsel for 2^nd Respondent relied on Apex Court decision in Magma General Insurance Co. Ltd. v. Nanu Ram & others (2018).

Finding of the Court

Justice G. Anupama Chakravarthy observed that the claimant is aged 50 years and as such, he cannot be entitled for parental consortium.

The Supreme Court in Magma General Insurance case (supra) has observed the following for right to parental consortium

"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. Parental Consortium is awarded to children who lose their parents in motor vehicle accidents under the Act."

On this ground, the compensation under the head of parental consortium was denied but the appeal was allowed enhancing the compensation to Rs. 4,06,400/- under other heads with costs and interests at the rate of 7.5% p.a.

Case Title: MADEENAM RAJU v. B.SAINATH AND ANOTHER

Citation :2022 LiveLaw (Tel) 81

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