JYOTHIS S. Vs. SOMASEKHARAN PILLAI

JUDGEMENT

(1.) Both the husband and wife lost their lives in a fatal accident. The legal heirs of the wife preferred O.P(M.V) No.610/2014, from which M.A.C.A No.1326/2018 arose. The legal heirs of the husband filed O.P(M.V) No.591/2014, from which M.A.C.A No.1431/2018 arose. The undisputed facts are as follows:

(2.) Another contention raised by the learned counsel for the appellants is that in the case of wife, the appellants/petitioners, 3 in numbers, are the legal heirs. They are the minor daughters and the mother of the deceased/wife. In the case of husband, the legal heirs are the two minor daughters. The appellants in these cases are entitled to compensation under the head 'loss of consortium' @ Rs.40,000.00 each, going by the dictum laid down in National Insurance Co. Ltd. v. Pranay Sethi [2017 (4) KLT 662 (SC)].

(3.) Per contra, learned counsel appearing for the third respondent/Insurance Company contended that although the multiplier taken by the Tribunal is wrong, the salary to be reckoned for the post retirement period could only be the notional income; and not the salary which was being drawn by the deceased up to the age of retirement. Another aspect pointed out is that once the claim for consortium is recognised, the amount granted under the head 'love and affection' has to be obliterated.