Rajasthan High Court: Amount Under Head Of Consortium Is Awardable Not Only To Parents Of Deceased Child But Also To Siblings
The Rajasthan High Court modified the compensation awarded by the MACT to the family of a 1.5-year-old child who died in a road accident.
The Rajasthan High Court has reiterated that the amount under the head of a consortium is awardable not only to the parents of the deceased child but also to the siblings.
The Court modified the compensation awarded by the Motor Accidents Claim Tribunal (Tribunal) to the family of a 1.5-year-old child who died in a road accident involving a school bus. The Tribunal had earlier partly allowed the claim Petition filed by the claimants fastening the liability to pay the compensation upon the owner and the driver of the vehicle in question, jointly and severally.
A Single Bench of Justice Nupur Bhati remarked, “This Court is also of the view that losing a child in an accident is an unfathomable tragedy for the parents as well as his/ her siblings. The anguish and grief that accompany such a loss are profound and enduring leaving the parents and the siblings grappling with emotions that often defy description. In a case of death of a child, no amount of money can compensate the parents as well as siblings of the deceased child however, it is the duty of the Court to award just compensation.”
Advocate Nikhil Ajmera appeared for the Petitioner, while Advocate Manish Pitaliya represented the Respondents.
Brief Facts
The claimants/cross-objectors submitted that the compensation awarded by the Tribunal was on the lower side contending that the Tribunal had not granted any compensation under non-pecuniary heads viz. consortium to the sibling as well as funeral expenses.
Court’s Reasoning
The High Court noted that the Insurance Company had argued that the that consortium was awardable only to the parents of the deceased child and not to the siblings.
The Bench explained that the said position of law had already been settled in Shriram General Insurance Co. Ltd. v. Jethmal which awarded compensation towards the head of Consortium to the brother of the deceased and held that “contrary to the pecuniary heads, where factors such as dependency are important to ascertain the loss, the consortium, being a non-pecuniary head is not to be considered in the light of dependency of a claimant upon the deceased inasmuch as even the siblings, as in the present case, would be deprived of the love, care, affection and company of the deceased, which can not be quantified. Therefore, this Court deems it appropriate to grant compensation towards the head of consortium to the brother of the deceased also.”
The Bench also referred to the decision of the Supreme Court in Sadhna Tomar v. Ashok Kushwaha which awarded compensation under the head of consortium to the sister of the deceased as well in the presence of other claimants viz. wife, daughter, mother and father.
“Therefore, the contention raised by learned counsel representing the respondent-Insurance Company, does not stand to scrutiny,” the Court held.
Consequently, the Court held, “Thus, looking to the above factual matrix of the case and the age of the deceased child i.e. 1.5 years and also in light of the above cited judgments, this Court deems it appropriate to take the notional income of the deceased child as Rs.15,000/- per annum…The claimants are held entitled to get enhanced compensation of Rs.2,13,350/- along with interest @ 9% (same as awarded by the learned tribunal) from the date of filing of the claim petition in accordance with the directions of the learned Tribunal as modified.”
Accordingly, the High Court modified the impugned award by the Tribunal.
Cause Title: Maa Sai School v. Shanti Lal & Ors. and Connected Matter (Neutral Citation: 2025:RJ-JD:13862)
Appearance:
Petitioner: Advocate Nikhil Ajmera
Respondents: Advocates Manish Pitaliya and Jagdish Chandra Vyas