{"id":473,"date":"2020-04-23T10:29:54","date_gmt":"2020-04-23T10:29:54","guid":{"rendered":"http:\/\/lexforti.com\/legal-news\/?p=473"},"modified":"2021-01-07T05:21:11","modified_gmt":"2021-01-07T05:21:11","slug":"since-the-deceased-was-not-a-bachelor-at-the-time-of-his-death-the-parents-would-not-be-entitled-to-claim-any-filial-consortium-but-is-entitled-to-compensation-in-other-conventional-heads","status":"publish","type":"post","link":"https:\/\/lexforti.com\/legal-news\/since-the-deceased-was-not-a-bachelor-at-the-time-of-his-death-the-parents-would-not-be-entitled-to-claim-any-filial-consortium-but-is-entitled-to-compensation-in-other-conventional-heads\/","title":{"rendered":"Since the deceased was not a bachelor at the time of his death, the parents would not be entitled to claim any filial consortium, but is entitled to compensation in other conventional heads"},"content":{"rendered":"\n

Harshit Sharma | Amity Law School, Madhya Pradesh | 9th January 2020 <\/strong><\/p>\n\n\n\n

IFFCO Tokio General Insurance Co. Ltd. V\/s. Jyoti Ajay Avatade & Ors. FIRST APPEAL NO.1239 OF 2016<\/strong><\/p>\n\n\n\n

FACTS\nOF THE CASE<\/strong><\/p>\n\n\n\n

  1. The\npresent case pertains to that of the original claim by the present respondent\nno. 1 to 5 against the respondent no.6 (the negligent driver of offending\nvehicle) & the present appellant. <\/li>
  2. On\n6th February, 2012, at about 7.00 p.m., the said deceased was proceeding on his\nmotorcycle bearing registration No.MH \u2013 13 AW 5393 towards his village Dongaon.\nWhen he reached near Mahadev Swami Wasti, one Maruti Van bearing registration\nNo.MH \u2013 13 N-7917 came from the opposite direction in rash and negligent manner\nand gave dash to the motorcycle of the said deceased. The said deceased fell\ndown and sustained severe injuries and succumbed to the said injuries in the\nhospital.<\/strong><\/li>
  3. The\nrespondent nos.1 to 5 filed the claim application and claimed Rs.50.00 lacs\nfrom the respondent no.6, who was the owner of the offending vehicle and the\nappellant. The respondent no.6 failed to file any written statement. The\nappellant however, filed its written statement and resisted the claim petition\ncontending that the said deceased himself was driving his motorcycle in rash\nand negligent manner. There was breach of the terms and conditions of the\npolicy availed by the respondent no.6 from the appellant and thus the appellant\nwas not liable to pay any compensation to the respondent nos.1 to 5.<\/li>
  4. It\nis held by the Tribunal that the said deceased had not contributed any\nnegligence while driving his motorcycle. The Tribunal awarded the compensation\nin the sum of \u20b925,42,000\/- with interest at the rate of 9% p.a. from the date\nof application till realization.<\/strong><\/li>
  5. The\nappellant has impugned the said judgment and award dated 3rd<\/sup>\nDecember, 2012 in this First Appeal before the Bombay High Court. <\/strong><\/li><\/ol>\n\n\n\n

    ISSUES RAISED<\/strong><\/p>\n\n\n\n

    1. Whether\nthere was contributory negligence on the part of the deceased? <\/li>
    2. Whether\nthe quantum of the claim awarded by the Tribunal is appropriate and the basis\nis just? <\/li>
    3. What\nare the criteria for the evaluation of the income of an agriculturist and how\nit is to be distributed & calculated? <\/li>
    4. Whether\nthe filial consortium be provided in the present case and under what heads does\nthe compensation falls, in the instant matter? <\/li><\/ol>\n\n\n\n

      RULING\nOF THE COURT\/ THE COURT HELD THAT<\/strong><\/p>\n\n\n\n

      Not\nfinding any infirmity in the impugned judgment and order of the Ld. Tribunal\nexcept in the head of loss of love & affection, estate etc, the following\nwas observed <\/p>\n\n\n\n

      1. “In\nso far as the filial consortium claimed by the respondent nos. 1 to 5 is\nconcerned, in my view, since the said deceased was not a bachelor at the time\nof his death, the parents would not be entitled to claim any filial\nconsortium.”<\/li>
      2. “Filial\nconsortium is the right of the parents to compensation in the case of an\naccidental death of a child. An accident leading to the death of a child causes\ngreat shock and agony to the parents and family of the deceased. The greatest\nagony for a parent is to lose their child during their lifetime. Children are\nvalued for their love, affection, companionship and their role in the family\nunit The Motor Vehicles Act is a benecial legislation aimed at providing relief\nto the victims or their families, in cases of genuine claims. In case where a\nparent has lost their minor child, or unmarried son or daughter, the parents\nare entitled to be awarded loss of consortium under the head of Filial\nConsortium.\u201d <\/li>
      3. “In\ncase of death of agriculturist, the loss of heirs is that they are required to\nengage another person for cultivating the land. Thus, charges or remuneration of\nother person is in fact the loss or can be said to be dependency,”<\/li><\/ol>\n\n\n\n

        Thus,\nthe following directions were given: <\/p>\n\n\n\n

        1. The\nappellant is liable to pay the amount of compensation of Rs.25,12,500\/- with\ninterest @ 9% p.a. from the date of application till realization of the total\namount.<\/li>
        2. In\nso far as the share of the respondent nos. 2 and 3 who are minor is concerned,\ntheir 2\/5th share shall be invested in the Fixed Deposit of any Nationalized\nBank till the period they attain the age of majority.<\/li>
        3. The\nrespondent nos. 1 to 5 would be entitled to recover the decretal amount awarded\nby the Tribunal as modified by this judgment from the amount deposited by the\nappellant before the Tribunal.<\/li>
        4. First\nAppeal is disposed of on aforesaid terms, modifying the Tribunal\u2019s Order by\nthis judgment. <\/li><\/ol>\n","protected":false},"excerpt":{"rendered":"

          Harshit Sharma | Amity Law School, Madhya Pradesh | 9th January 2020 IFFCO Tokio General Insurance Co. Ltd. V\/s. Jyoti Ajay Avatade & Ors. FIRST APPEAL NO.1239 OF 2016 FACTS OF THE CASE The present case pertains to that of the original claim by the present respondent no. 1 to 5 against the respondent no.6 […]<\/p>\n","protected":false},"author":144,"featured_media":456,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[28],"tags":[],"yoast_head":"\nSince the deceased was not a bachelor at the time of his death, the parents would not be entitled to claim any filial consortium, but is entitled to compensation in other conventional heads - LexForti<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/lexforti.com\/legal-news\/since-the-deceased-was-not-a-bachelor-at-the-time-of-his-death-the-parents-would-not-be-entitled-to-claim-any-filial-consortium-but-is-entitled-to-compensation-in-other-conventional-heads\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Since the deceased was not a bachelor at the time of his death, the parents would not be entitled to claim any filial consortium, but is entitled to compensation in other conventional heads - LexForti\" \/>\n<meta property=\"og:description\" content=\"Harshit Sharma | Amity Law School, Madhya Pradesh | 9th January 2020 IFFCO Tokio General Insurance Co. 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He started his litigation practice before the Hon\u2019ble High Court of Madhya Pradesh since August, 2020 after being enrolled with the State Bar Council of Madhya Pradesh at enrolment number MP\/1228\/2020. Mr. Sharma hails from a generous and morally-valued driven family. He is the second-generation lawyer in his family who has taken up the task of stepping on the foot-steps of his father and the leading criminal advocate of the Gwalior Bar Sh. Vijay Dutt Sharma, Advocate. He always valued to strike a balance between education and moral-values which he quotes to have been a reflection of his mother Smt. Kusum Sharma and possibly this magical combination of the intellectual father and caring mother sailed him through to take the beautiful and successful academic leap, in both school as well as University. To quote the glorious academic years of Mr. Sharma, it all started with he been awarded with the Soli Sorabjee Award, which is bestowed upon the Legal Studies Topper of Class-XI (CBSE) of Gwalior Glory High School, Gwalior (M.P.). Since then, it has been the blessings of his parents, sister, teachers and family members that he completed his five-year integrated law course in B.A., LL.B. (Hons.) from Amity Law School, Amity University Madhya Pradesh, Gwalior with flying colours and been the over-all topper of the course since its inception to its culmination. Mr. Sharma also had in his names to attend various national and international seminars on growing issues in the field of law and throughout his college life, he has been an active member of the Moot Court Committee and in the culminating years of his college life, he has also served as the Chairperson of the Moot Court Committee of Amity Law School, Amity University Madhya Pradesh. His experience owed from his association with top-notched institutions of the country and law offices, including National Human Rights Commission, National Judicial Academy Bhopal, Chambers of Sh. Sanjay Gupta Ji Advocate (Gwalior, M.P.), Sh. Deepak Vasant Rao Khot Ji Advocate (Gwalior, M.P.), Sh. Fuzail Ahmad Ayyubi Ji Advocate (A-O-R Supreme Court of India), Sh. Vaibhav Shrivastava Ji (Office of Sh. Vivek Tankha Ji Senior Advocate), Sh. Prashant Vaxish Advocate (Supreme Court of India) to name a few. Apart from being an avid learner and through-out student of Law, Mr. Sharma has under his name various research papers and articles published in National as well as International Journals and UGC-Approved Journals, pan India. More so, he is a constant content writer for various online blogs including the LatestLaws.com, Lawyers Club India, Legal Services India, Advocates Pedia Foundation, etc. In addition to his academic excellence, he is green-belt holder in karate and has been a district-level Judo and Table-Tennis Player for his School Team. He is fond of reading books and to pen poetries in both, English as well as Hindi language is his best hobby to spare time with.\",\"sameAs\":[\"https:\/\/www.facebook.com\/harshit.sharma.1048\"],\"url\":\"https:\/\/lexforti.com\/legal-news\/author\/hshits1997\/\"}]}<\/script>\n<!-- \/ Yoast SEO plugin. -->","yoast_head_json":{"title":"Since the deceased was not a bachelor at the time of his death, the parents would not be entitled to claim any filial consortium, but is entitled to compensation in other conventional heads - LexForti","robots":{"index":"index","follow":"follow","max-snippet":"max-snippet:-1","max-image-preview":"max-image-preview:large","max-video-preview":"max-video-preview:-1"},"canonical":"https:\/\/lexforti.com\/legal-news\/since-the-deceased-was-not-a-bachelor-at-the-time-of-his-death-the-parents-would-not-be-entitled-to-claim-any-filial-consortium-but-is-entitled-to-compensation-in-other-conventional-heads\/","og_locale":"en_US","og_type":"article","og_title":"Since the deceased was not a bachelor at the time of his death, the parents would not be entitled to claim any filial consortium, but is entitled to compensation in other conventional heads - LexForti","og_description":"Harshit Sharma | Amity Law School, Madhya Pradesh | 9th January 2020 IFFCO Tokio General Insurance Co. Ltd. V\/s. Jyoti Ajay Avatade & Ors. FIRST APPEAL NO.1239 OF 2016 FACTS OF THE CASE The present case pertains to that of the original claim by the present respondent no. 1 to 5 against the respondent no.6 […]","og_url":"https:\/\/lexforti.com\/legal-news\/since-the-deceased-was-not-a-bachelor-at-the-time-of-his-death-the-parents-would-not-be-entitled-to-claim-any-filial-consortium-but-is-entitled-to-compensation-in-other-conventional-heads\/","og_site_name":"LexForti","article_publisher":"https:\/\/www.facebook.com\/Lexforti\/","article_author":"https:\/\/www.facebook.com\/harshit.sharma.1048","article_published_time":"2020-04-23T10:29:54+00:00","article_modified_time":"2021-01-07T05:21:11+00:00","og_image":[{"width":400,"height":225,"url":"https:\/\/i1.wp.com\/lexforti.com\/legal-news\/wp-content\/uploads\/2020\/04\/All-the-love-from-James-15.jpg?fit=400%2C225&ssl=1","type":"image\/jpeg"}],"author":"Hshits1997","twitter_card":"summary_large_image","twitter_misc":{"Written by":"Hshits1997","Est. reading time":"4 minutes"},"schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"Article","@id":"https:\/\/lexforti.com\/legal-news\/since-the-deceased-was-not-a-bachelor-at-the-time-of-his-death-the-parents-would-not-be-entitled-to-claim-any-filial-consortium-but-is-entitled-to-compensation-in-other-conventional-heads\/#article","isPartOf":{"@id":"https:\/\/lexforti.com\/legal-news\/since-the-deceased-was-not-a-bachelor-at-the-time-of-his-death-the-parents-would-not-be-entitled-to-claim-any-filial-consortium-but-is-entitled-to-compensation-in-other-conventional-heads\/"},"author":{"name":"Hshits1997","@id":"https:\/\/lexforti.com\/legal-news\/#\/schema\/person\/da5b12bcf24f10dd6314543ccd840355"},"headline":"Since the deceased was not a bachelor at the time of his death, the parents would not be entitled to claim any filial consortium, but is entitled to compensation in other conventional heads","datePublished":"2020-04-23T10:29:54+00:00","dateModified":"2021-01-07T05:21:11+00:00","mainEntityOfPage":{"@id":"https:\/\/lexforti.com\/legal-news\/since-the-deceased-was-not-a-bachelor-at-the-time-of-his-death-the-parents-would-not-be-entitled-to-claim-any-filial-consortium-but-is-entitled-to-compensation-in-other-conventional-heads\/"},"wordCount":775,"commentCount":0,"publisher":{"@id":"https:\/\/lexforti.com\/legal-news\/#organization"},"articleSection":["High Court Judgement"],"inLanguage":"en-US","potentialAction":[{"@type":"CommentAction","name":"Comment","target":["https:\/\/lexforti.com\/legal-news\/since-the-deceased-was-not-a-bachelor-at-the-time-of-his-death-the-parents-would-not-be-entitled-to-claim-any-filial-consortium-but-is-entitled-to-compensation-in-other-conventional-heads\/#respond"]}]},{"@type":"WebPage","@id":"https:\/\/lexforti.com\/legal-news\/since-the-deceased-was-not-a-bachelor-at-the-time-of-his-death-the-parents-would-not-be-entitled-to-claim-any-filial-consortium-but-is-entitled-to-compensation-in-other-conventional-heads\/","url":"https:\/\/lexforti.com\/legal-news\/since-the-deceased-was-not-a-bachelor-at-the-time-of-his-death-the-parents-would-not-be-entitled-to-claim-any-filial-consortium-but-is-entitled-to-compensation-in-other-conventional-heads\/","name":"Since the deceased was not a bachelor at the time of his death, the parents would not be entitled to claim any filial consortium, but is entitled to compensation in other conventional heads - 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He started his litigation practice before the Hon\u2019ble High Court of Madhya Pradesh since August, 2020 after being enrolled with the State Bar Council of Madhya Pradesh at enrolment number MP\/1228\/2020. Mr. Sharma hails from a generous and morally-valued driven family. He is the second-generation lawyer in his family who has taken up the task of stepping on the foot-steps of his father and the leading criminal advocate of the Gwalior Bar Sh. Vijay Dutt Sharma, Advocate. He always valued to strike a balance between education and moral-values which he quotes to have been a reflection of his mother Smt. Kusum Sharma and possibly this magical combination of the intellectual father and caring mother sailed him through to take the beautiful and successful academic leap, in both school as well as University. To quote the glorious academic years of Mr. Sharma, it all started with he been awarded with the Soli Sorabjee Award, which is bestowed upon the Legal Studies Topper of Class-XI (CBSE) of Gwalior Glory High School, Gwalior (M.P.). Since then, it has been the blessings of his parents, sister, teachers and family members that he completed his five-year integrated law course in B.A., LL.B. (Hons.) from Amity Law School, Amity University Madhya Pradesh, Gwalior with flying colours and been the over-all topper of the course since its inception to its culmination. Mr. Sharma also had in his names to attend various national and international seminars on growing issues in the field of law and throughout his college life, he has been an active member of the Moot Court Committee and in the culminating years of his college life, he has also served as the Chairperson of the Moot Court Committee of Amity Law School, Amity University Madhya Pradesh. His experience owed from his association with top-notched institutions of the country and law offices, including National Human Rights Commission, National Judicial Academy Bhopal, Chambers of Sh. Sanjay Gupta Ji Advocate (Gwalior, M.P.), Sh. Deepak Vasant Rao Khot Ji Advocate (Gwalior, M.P.), Sh. Fuzail Ahmad Ayyubi Ji Advocate (A-O-R Supreme Court of India), Sh. Vaibhav Shrivastava Ji (Office of Sh. Vivek Tankha Ji Senior Advocate), Sh. Prashant Vaxish Advocate (Supreme Court of India) to name a few. Apart from being an avid learner and through-out student of Law, Mr. Sharma has under his name various research papers and articles published in National as well as International Journals and UGC-Approved Journals, pan India. More so, he is a constant content writer for various online blogs including the LatestLaws.com, Lawyers Club India, Legal Services India, Advocates Pedia Foundation, etc. In addition to his academic excellence, he is green-belt holder in karate and has been a district-level Judo and Table-Tennis Player for his School Team. He is fond of reading books and to pen poetries in both, English as well as Hindi language is his best hobby to spare time with.","sameAs":["https:\/\/www.facebook.com\/harshit.sharma.1048"],"url":"https:\/\/lexforti.com\/legal-news\/author\/hshits1997\/"}]}},"views":70,"_links":{"self":[{"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/posts\/473"}],"collection":[{"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/users\/144"}],"replies":[{"embeddable":true,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/comments?post=473"}],"version-history":[{"count":1,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/posts\/473\/revisions"}],"predecessor-version":[{"id":6966,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/posts\/473\/revisions\/6966"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/media\/456"}],"wp:attachment":[{"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/media?parent=473"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/categories?post=473"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/tags?post=473"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}