Delhi High Court
The Oriental Insurance Co. Ltd. vs Kiran Devi & Ors. on 5 July, 2019
$~22
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 05.07.2019
+ MAC.APP. 637/2019, CM APPLs. 27996-97/2019
THE ORIENTAL INSURANCE CO. LTD. ..... Appellant
Through: Mr. A.K. Soni, Adv.
versus
KIRAN DEVI & ORS. ..... Respondents
Through: None.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
NAJMI WAZIRI, J (Oral)
1. In this case the appellant impugns an award of compensation on the
ground that two documents have been produced by the claimants apropos
the age of the victim. As per the voter identity card, his age would be 53
years; whereas as per the document issued by the UIDAI, it would be 56
years and the corresponding multipliers would be 9 & 11 respectively. It is
the appellant's case that the investigations have been carried out apropos
both the cards and they were found to be validly issued. It is the appellant's
case that the card issued by UIDAI should be taken into consideration
because it specifically mentions his date of birth whereas the electoral card
does not do so. The UIDAI card mentions his date of birth as 01.01.1961
which fixes his age as 56 years. Accordingly, this card would be applicable
as it is more precise apropos his date of birth. In the circumstances, the
multiplier of 9 would be applicable for compensation of loss of dependency.
Therefore, the insurance company would recalculate the loss of dependency
and pay the recalculate amount to the respondent, in terms of the scheme of
disbursement.
2. However, at this stage, the Court would note that the impugned order
has not awarded any compensation for loss of filial consortium to the
claimants. The claimants are the widow and six children of the deceased.
The loss of consortium has been awarded only to the widow Smt. Kiran
Devi. The children too would be entitled to receipt of compensation for loss
of filial consortium as has been elaborately held by the Supreme Court in
Magma General Insurance Co. Ltd. v. Nanu Ram Alias Chuhru Ram &
Ors. The Supreme Court has held inter alia:
"A Constitution Bench of this Court in Pranay Sethi1
dealt with the various heads under which compensation is to
be awarded in death case. One of these heads is Loss of
Consortium.
In legal parlance·, "consortium" is a compendious term
which encompasses „spousal consortium‟, and „parental
consortium and filial consortium‟.
The right to consortium would include the company date,
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.
Spousal consortium is generally defined as rights
pertaining to the relationship of a husband wife which allowed
compensation to the surviving spouse for loss of "company,
society, cooperation, affection and aid of the other in every
conjugal relation.
Parental consortium is granted to the child upon the
premature death of a parent, for loss of ''parental aid,
National Insurance Co. vs. Pranay Sethi, (2017) 16 SCC 680
protection, affection, society, discipline, guidance and
training.
Filial consortium is the right of the parents to
compensation in the case of an accidental death of a child. An
accident leading to the death of a child causes great shock and
agony to the parents and family of the deceased. The greatest
agony for a parent is to lose their child during their lifetime.
Children are valued for their love, affection, companionship
and their role in the family unit.
Consortium is a special prism reflecting changing norms
about the status and worth of actual relationships. Modern
jurisdictions world over have recognized that the value of a
child's consortium far exceeds the economic value of the
compensation awarded in the case of the death of a child.
Most jurisdictions therefore permit parents to be awarded
compensation under loss of consortium on the death of a child.
The amount awarded to the parents is a compensation for loss
of the low, affection, care and companionship of the deceased
child.
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. However, there was no clarity with respect to the
principles on which compensation could be awarded on loss of
Filial Consortium.
The amount of compensation to be awarded as
consortium will be governed by the principles of awarding
compensation under „Loss of Consortium‟ as laid down in
Pranay Sethi (supra).
In the present case, we deem it appropriate to award the
father and the sister of the deceased, an amount of Rs.40,000/-
each for loss of Filial Consortium."
3. Accordingly, each of the children will be entitled to compensation for
loss of filial consortium @ Rs.40,000/-. Let the said amount be paid by the
appellant to the children.
4. The appeal is disposed off in the above terms.
5. The statutory amount of Rs.25,000/- be returned to the appellant along
with interest accrued thereon, if any.
NAJMI WAZIRI, J
MAY 09, 2019/acm
