Compensation for loss of consortium precludes additional compensation for loss of love and affection; dependency compensation recalculated based on emotional ties.

JUDGMENT :

The appeal has been filed by the 2^nd respondent insurer in O.P (MV) No.132 of 2011 on the file of the Addl. Motor Accidents Claims Tribunal-III, Thiruvananthapuram. The respondents in the appeal were the claimants before the tribunal. The claimants in the said OP (MV) have filed Cross Objection No.133 of 2021 in the appeal.

2. The brief facts of the case is as follows:- On 03.11.2010 at about 10.45 am, while the deceased was riding her Kinetic Honda scooter bearing Registration No.KL-01-T-5796 through Maruthamkuzhy – Sasthamangalam Road, a mini bus bearing registration No.KL-01-N-9205, driven by one Saji S., in a rash and negligent manner, hit against the scooter. As a result, she sustained serious injuries and succumbed to the injuries. The 1^st petitioner was the husband, 2^nd & 3^rd petitioners were the minor son and daughter of the deceased, respectively. The 4^th & 5^th petitioners were the mother and father of the deceased respectively. The 1^st respondent was the owner and 2^nd respondent was the insurer of the offending vehicle. The claimants approached the tribunal claiming a total compensation of Rs.70,97,000/-, which was limited to Rs. 52,00,000/-.

3. The 1^st respondent owner was set exparte before the Tribunal. The 2^nd respondent insurer filed a written statement, admitting the policy, but disputing the quantum of compensation claimed. Before the tribunal, no oral evidence was adduced on either side. Exts.A1 to A11 were marked on the side of the claimants. No documents were marked from the side of the respondents. The tribunal, after analysing the pleadings and materials on record, awarded a sum of Rs.27,48,080/- as compensation under different heads with interest @9% per annum from the date of petition till realization, against the respondent insurer. Challenging the quantum of compensation awarded by the tribunal, the 2^nd respondent insurer has come up with the appeal. The claimants have filed Cross Objection No.133 of 2021 in the appeal, seeking enhancement of compensation awarded by the tribunal.

4. Heard the learned standing counsel appearing for the insurance company and the learned counsel for the cross objectors.

5. The learned standing counsel appearing for the insurance company as well as the learned counsel for the cross objectors claims modification mainly under the following heads:

5.1. Loss of love and affection/ loss of consortium -

The learned standing counsel appearing for the Insurance Company submitted that while awarding compensation, the tribunal has awarded an amount of Rs. 2,00,000/- towards loss of love and affection, which is on a higher side. On a perusal of the award, it is found that there are five legal heirs, husband, minor children and parents of the deceased, and it is seen that the tribunal has awarded only an amount of Rs.1,00,000/- towards loss of consortium. The tribunal ought to have been awarded an amount of Rs.2,00,000/- as compensation towards loss of consortium. It is the fact that an amount of Rs.2,00,000/- has been awarded by the tribunal towards loss of love and affection. In New India Assurance Company v. Somwati and others [2020 (5) KLT OnLine 1198 (SC)], it has been held that once compensation is awarded under the head loss of consortium, no amount shall be awarded under the head loss of love and affection, as it would amount to duplication of compensation. Hence, I am inclined to award an additional amount of Rs.1,00,000 under the head loss of consortium and the amount of Rs.2,00,000/- granted under the head loss of love and affection is deleted.

5.2. Loss of estate - The learned standing counsel appearing for the Insurance Company submitted that, while awarding compensation, the tribunal has awarded an amount of Rs.1,00,000/- towards loss of estate, which is on a higher side. Going by the judgment in National Insurance Company Ltd. v. Pranay Sethi [2017 (4) KLT 662 (SC)], the appellants are entitled only for an amount of ₹15,000/- under the head loss of estate. Thus, the