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In a recent case, the Supreme Court observed that parents must be awarded with compensation for the loss of their child since such incidents cause a great shock and agony to the family. The bench further observed in the case, Magma General Insurance Co. Ltd. vs. Nanu Ram Alias Chuhru Ram that the court is duty-bound and entitled to award compensation, not taking into account that whether a plea has been filed in this behalf or not. It took note of the concept of consortiums and held that no compensation has been awarded in such cases by the MCAT and as well as by the High Court.
The categories of consortium, such as spousal consortium, parental consortium and filial consortium have also been explained by the court. It added that the right to consortium, if provided will give relief to the families. The bench observed that the greatest agony for a parent is to lose their child and under the concept of parental consortium, compensation is provided to the children who lose their parents under the Motor Vehicles Act and only few High Courts award compensation in such cases.
It was decided that the amount of the compensation would be governed by the principles of awarding compensation under the ‘Loss of Consortium’ as laid down in PranaySethi case. The bench awarded compensation to the father and the sister of the deceased and it invoked the powers under Article 142 of the Constitution.
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