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2024 Supreme(Online)(KER) 18370

HIGH COURT OF KERALA
SOPHY THOMAS, J
BRIDGET – Appellant
Versus
VINOD – Respondent


ORDER

The appellants in MACA No.1599 of 2013 are seeking review of the appeal judgment, alleging that it is vitiated by an error apparent on the face of the record.

2. The petitioners (appellants 2 to 8) are the legal heirs of the deceased 1st appellant.

As per the appeal judgment, petitioners 2 to 7 (appellants 3 to 8) were awarded Rs.10,000/- each towards loss of love and affection, whereas the 1st petitioner-wife was awarded Rs.40,000/- towards loss of consortium. The case of the petitioners is that, as per the decision of the Apex Court in Magma General Insurance Co. Ltd v. Nanu Ram Alias Chuhru Ram [2018 (3) KLT Online 3095 (SC)], irrespective of the age of the petitioners, they were entitled to get compensation under the head ‘filial consortium’.

Since that amount was not awarded, the judgment is vitiated, and hence to be reviewed.

3. Heard learned counsel for the petitioners and learned counsel for the 2nd respondent-Insurance Company.

4. First of all, the petition for review on the ground that filial consortium was not granted to the petitioners, is not correct.

When compensation is claimed for the premature death of a parent, the consortium to be claimed is parental co

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