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SC : Parents are entitled to be awarded for loss of child under the doctrine of “Filial Consortium.”

 

By- Legalxpo Interns

The Supreme Court had laid down the concept of  “filial consortium” under which there will be the provision of compensation for loss of a child in accidents.

The Supreme Court said in the case that where a parent’s loss their minor child married or unmarried son or daughter, parents are entitled to be awarded for the loss under the concept of filial consortium.

Filial consortium is the reverse of parental consortium;

it is the parent’s right to recover damages  for the loss of

a child’s society and companionship.

The Bench comprised of Justices RF Nariman and Indu Malhotra noted till now no provision has been made on the applicability of filial Consortium. The greatest agony for a parent is to lose their child during their lifetime said SC. The top court on Tuesday laid down the concept of filial consortium for awarding compensation to parents in case of accidental death of children. Justice RF Nariman said today the need has come to consider this concept for its applicability in India while giving compensation in accident cases.

“In a case where parent lost a minor child, unmarried son or daughter, the parents are entitled to be awarded loss of consortium under the head of filial consortium held the judgement authored by Justice Indu Malhotra. The Bench further said consortium is special prism reflecting changing norms about the status and worth of actual relationships.

The ruling came in the wake of Pranay Sethi’s case where spousal and parental consortium had been specified as a valid head for granting compensation. In this case, a 24-year-old youth had lost his life in 2013 after his motorbike was hit by a car in village Haryana. The Court had granted 40 Thousand each to the father and sister in a case where it explained the concept of filial consortium.

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