In FAO 2612/2019(O&M)-PUNJ HC-Major children are not entitled to consortium, reaffirms Punjab & Haryana HC
Justice Nidhi Gupta [13-03-2023]

Read Order: IFFCO TOKIO GENERAL INSURANCE CO. LTD. VS. ANITA AND OTHERS

Mansimran Kaur

Chandigarh, March 14, 2023: The Punjab and Haryana High Court has dismissed the appeal instituted by the Insurance Company and partly allowed the appeal filed by the claimants in a case filed under Section 166 of the Motor Vehicles Act,1988 by reworking the compensation to be awarded to the claimants.

A Single-Judge Bench of Justice Nidhi Gupta partly allowed the appeal preferred by the claimants by observing that the Claimants shall be entitled to interest @ 7.5% on enhanced compensation from date of filing claim petition till reliazation. 

The Tribunal on the basis of pleadings and evidence on record concluded that the deceased Suresh Kumar had died due to injuries suffered by him in a motor vehicular accident that took place on January 3, 2018  due to rash and negligent driving of Canter being driven by the seventh respondent  and owned by the eighth respondent.  Claimants were widow and two major daughters and two major sons, and father of the deceased - Suresh Kumar. 

It was this impugned order of the Tribunal that was under challenge before this Court. 

After considering the submissions from both the sides, the Court with respect to  the argument of the Counsel for the claimants regarding payment of consortium, noted that the same was  not tenable in view of judgment of the Supreme Court in New India Assurance Co. Ltd. Versus Vinish Jain and Ors., wherein it was  categorically held that major children are not dependents on the deceased and are therefore, not entitled to compensation. 

In view of the same, the Court noted that in the present case admittedly, claimants- were  major daughters and sons of the deceased, being aged 31, 28, 27 and 25 years respectively. Even no evidence whatsoever was  led on behalf of the claimants to prove that the said claimants were dependent on the deceased, the Court noted. 

In furtherance  of the same, the High Court referred to its judmgnets in Harpal Kaur and others v Sita Ram and others & Narender Nayyar v Sheodan Singh and others wherein it was held that major children are not entitled to consortium. 

Hence, the Court noted that the ratio of apportionment and manner of disbursement of enhanced compensation needs to remain unchanged. Claimants shall be entitled to interest @ 7.5% on enhanced compensation from date of filing claim petition till reliazation, the Court further noted. 

Thus, in view of the above, the appeal filed by the Insurance Company was dismissed and the appeal filed by the claimants was partly allowed.