[Cites 2, Cited by 0]
Punjab-Haryana High Court
Gulzar Singh And Another vs Paramjit Singh And Another on 1 December, 2025
Author: Alka Sarin
Bench: Alka Sarin
284
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
FAO-641-2021 (O&M)
Date of Decision : 01.12.2025
Gulzar Singh and Another ... Appellants
Versus
Paramjit Singh and Another ... Respondents
CORAM : HON'BLE MRS. JUSTICE ALKA SARIN
Present : Mr. Surinder Garg, Advocate for the appellants.
Mr. L.S. Sidhu, Advocate for the respondents.
ALKA SARIN, J. (Oral)
1. Present appeal has been filed by the owner and driver of the Mini
Bus bearing registration No.PB-03AJ-0945 (hereinafter referred to as the
'offending vehicle;) aggrieved by the award dated 26.11.2019 passed by the
Motor Accident Claims Tribunal, Bathinda (hereinafter referred to as the
'Tribunal').
2. On 27.07.2021 the following order was passed :
"It is submitted by learned counsel for the appellants that
the Tribunal itself has recorded a finding that the
claimant-father of the deceased was not entitled to any
compensation; yet an amount of Rs.40,000/- has been
awarded to him on account of loss of consortium.
Notice of motion to that extent only, for 28.01.2022."
3. Learned counsel for the appellants has candidly admitted that
though the challenge was laid by the owner and driver of the offending vehicle
i.e. appellants herein to the award dated 26.11.2019 passed by the Tribunal
however, this Court entertained the appeal only to a limited extent that the
father was awarded ₹40,000/- towards loss of consortium. Learned counsel
for the appellants would contend that the father is not entitled to any amount
under the head 'loss of consortium' as he has not been held entitled for
compensation.
4. Per contra learned counsel for the respondents would contend
that despite the father not having been held entitled to the compensation, the
father would be entitled to loss of consortium. In support of his argument
learned counsel for the respondents has relied upon the judgment of the
Hon'ble Supreme Court in the case of Magma General Insurance Company
Limited vs. Nanu Ram alias Chuhru Ram & Ors. [(2018) 18 SCC 130].
5. Heard.
6. In the present case, notice of motion was issued only to a limited
extent as to whether father was entitled to the compensation under the head
'loss of consortium'. Hon'ble Supreme Court in the case of Magma General
Insurance Company Limited (supra) has held as under :
"8.7 A Constitution Bench of this Court in Pranay Sethi
(supra) dealt with the various heads under which
compensation is to be awarded in a death case. One of
these heads is Loss of Consortium. In legal parlance,
"consortium" is 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.
With respect to a spouse, it would include sexual relations
with the deceased spouse. Rajesh and Ors. vs. Rajbir
Singh and Ors. (2013) 9 SCC 54
Spousal consortium is generally defined as rights
pertaining to the relationship of a husband wife which
allows 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,
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 love, 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
count5. 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."
7. In view of the law laid down by the Hon'ble Supreme Court in
the case of Magma General Insurance Company Limited (supra), the father
has rightly been held entitled to ₹40,000/- on account of loss of consortium.
8. In view of the above, the present appeal being devoid of any
merit is accordingly dismissed. Pending applications, if any, also stand
disposed off.
01.12.2025 ( ALKA SARIN )
jk JUDGE
NOTE: Whether speaking/non-speaking: Speaking
Whether reportable: YES/NO
