Motor Accident Compensation Claims, consortium can be awarded to children and parents also: SC

Team SoOLEGAL 8 Sep 2020 3:13pm

Motor Accident Compensation Claims, consortium can be awarded to children and parents also: SC

A division? Bench headed by Justice Ashok Bhushan and R. Subash Reddy hear appeals that have been filed by three insurance companies, questioning the decisions of High Court arising out of award by Moter Accident Claims Tribunal (MACT) with regards to the compensation awarded to claimants under two heads, i.e., " Loss of Consortium" and "Loss of Love and Affection".

The insurance companies had questioned the award of compensation to the claimant under the two heads. With reference to consortium the question was raised that whether the wife is only liable to get the Consortium or the parents and children can also be awarded. The argument was that the amount guaranteed under loss of love and affection is totally without jurisdiction and the amount guaranteed cannot be more than Rs 40,000/- and the amount is only payable to wife, and the high court has committed a mistake in providing consortium to all the claimants.

The petitioner referred to the case of National insurance company V Pranay Sethi on 31st October 2017, and stated that it is only referred to spousal consortium and no other consortium was referred in the judgement, hence there is no justification for allowing parenting consortium.

The court noticed that in United India Insurance co. Ltd. V Satinder Kaur, on 30 June 2020, it has been categorically laid down that apart from spousal consort, parental consortium is payable.

The court agreed with petitioner's arguments that there is no justification for award of compensation under head of "Loss of love and affection" referring to the United India Insurance case

Tagged: Motor Accident Compensation Claims   Justice Ashok Bhushan   Justice R. Subash Reddy   MACT   Loss of Consortium   National insurance company   United India Insurance   parental consortium   spousal consort  
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