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1 - 10 of 12 (0.95 seconds)National Insurance Company Ltd. vs Birender on 13 January, 2020
30. On perusal of the said decision it is clear that the legal
representatives of the deceased have a right to apply for
compensation and not limit the claim towards conventional heads.
National Insurance Company Ltd vs Pranay Sethi Son Of Late Prashant Sethi ... on 20 April, 2011
In which it is held in para No.8.7 that
" A Constitution Bench of this Court in
Pranay Sethi (supra) dealt with the various heads
under which the compensation it so be awarded in
a death case. One of these heads is "Loss of
Consortium":
Hem Raj Mittal vs Oriental Insurance Co. Ltd on 23 July, 2007
38. At this stage, I have gone through a citation relied by
the counsel for petitioners reported in 2018 ACJ page 5 (Hem Raj
Vs. Oriental Ins. Co.Ltd., and others), wherein the Hon'ble Apex
Court held that, there cannot be distinction where there is
evidence of established income and where minimum income is
determined on guess work.
Magma General Insurance Co. Ltd vs Nanu Ram Alias Chuhru Ram on 18 September, 2018
42. At this juncture I relied the judgment of the
Hon'ble Supreme Court in Civil Appeal No.9581/2018 (Arising
out of SLP (Civil) No.3192/2018) in case of Muama General
Insurance Co.Ltd., Vs. Nanu Ram alias Chuhru Ram and Others.
New India Assurance Co. Ltd vs Smt. Satvinder Kaur & Anr on 2 April, 2012
43. As stated above, petitioner No.1 and 2 are parents and
petitioner No.3 is sister of the deceased. As such petitioner N0.1
and 2 are entitled for filial consortium, as the filial consortium is
the right of the parents to compensation in the case of an
accidental death of a child. An accident leading to the death of a
child causes great shock and agony to the parents and family of the
deceased. The greatest agony for a parent is to lose their child
25 SCCH-18 MVC 5314/2019
during their lifetime. Children are valued for their love, affection,
companionship and their role in the family unit. I rely the judgment
of Hon'ble Apex Court observed in Civil Appeal No.2705/2020 in
case of United India Insurance Co.Ltd., Vs. Satinder Kaur @
Satvindar Kaur and others, DD on 30.06.2020. Therefore,
petitioner No.1 and 2 are entitled for Rs.40,000/- each under the
head of Filial consortium.