In FAO-5074-2010 (O&M)-PUNJ HC- Though minor siblings of deceased who died in road accident, cannot be called dependent, however, they would be entitled to filial consortium: P&H HC
Justice Alka Sarin [20-01-2023]

Read Order: Rajwanti and Others v. Shamsher Singh and Others

Monika Rahar

Chandigarh, January 21, 2023: While dealing with an appeal preferred by the claimant-appellants against the award of the Motor Accident Claims Tribunal, Bhiwani (Tribunal) challenging the compensation so granted, the High Court of Punjab and Haryana has held that though the minor siblings of the (minor) deceased cannot be held to be dependent on the deceased, however, they would be entitled to filial consortium. 

“Even the parents would be entitled to filial consortium. In view thereof, all five i.e. the parents and 3 siblings, are awarded an amount of Rs.44,000/- each towards filial consortium”, the Bench of Justice Alka Sarin held. 

The case of the appellants’ Counsel was that the deceased who was a student at the time of his death due to a 2008-accident was aged 14-15 years as per the post-mortem report. Hence, the Counsel added that a multiplier of ‘18’ ought to have been applied and an addition @ 40% ought to have been made towards future prospects. It was further the contention that no amount was awarded towards loss of estate and loss of consortium and that the amount awarded towards last rites was also on the lower side. 

Per contra, the counsel for the Insurance Company contended that only the mother and the father would be considered as the legal representatives and not the minor brothers and sisters of the deceased. It was further the contention that the amount awarded was just and proper and there was no scope of enhancement.  

The Tribunal in the present case awarded an amount of Rs.1,73,000/- (Rs.1,68,000/- towards loss of dependency and Rs.5,000/- towards last rites) along with interest @ 7% from the date of passing of the award till the payment of compensation. 

After hearing the parties, the Court observed that in the present case, at the time of the accident the minimum wage was Rs.4,184/- per month and being a bachelor, deduction of 50% would have to be applied as per the settled law. The Bench furtehr added that an addition of 40% would have to be added towards future prospects. 

While observing that the Tribunal applied the multiplier keeping in view the age of the parents which was contrary to the law laid down, the bench opined that a multiplier of ‘18’ would be applicable keeping in view the age of the deceased and that an amount of Rs. 16,500/- would be payable towards loss of estate and Rs.16,500/- towards funeral expenses. 

“Though the minor siblings of the deceased cannot be held to be dependent on the deceased, however, they would be entitled to filial consortium. Even the parents would be entitled to filial consortium. In view thereof, all five i.e. the parents and 3 siblings, are awarded an amount of Rs.44,000/- each towards filial consortium”, the Court asserted.

The bench additionally held that the Tribunal erroneously awarded the interest from the date of passing of the award, however, the same as per the settled law needs to be awarded from the date of filing of the claim petition. 

“Accordingly, the entire amount including the enhanced amount shall carry interest @ 7% from the date of filing of the claim petition till realization”, the bench held.