R. Subhash Reddy JUDGMENT
Ashok Bhushan, J.
1. Leave granted.
2. These appeals raising common questions of law have been heard together and are being decided by this common judgment. For deciding these appeals, it is sufficient to notice the facts in detail in Civil Appeal No...................../2020 (arising out of SLP(C) No. 23478 of 2019), New India Assurance Co. Limited v. Smt. Somwati and Ors. and brief facts in other appeals.
3. All these appeals have been filed by three Insurance Companies, i.e., New India Assurance Company Limited, Cholamandalam MS General Insurance Company Ltd. and The Oriental Insurance Company Ltd. questioning the judgments of the High Courts arising out of the award by Motor Accident Claims Tribunal (MACT) with regard to the compensation awarded in favour of the claimants under two heads, i.e., "Loss of Consortium" and "loss of love and affection."
Civil Appeal No...................../2020 (arising out of SLP(C) No. 23478 of 2019), New India Assurance Co. Limited v. Smt. Somwati and Ors.
4. Ram Jiyawan, the husband of Smt. Somwati died in a Motor Vehicle accident on 06.12.2001 leaving behind his widow Smt. Somwati and seven minor children. Claim petition No. 7 of 2002 was filed Under Section 166 of Motor Vehicles Act, 1988, claiming compensation of Rs. 15,25,000/-. The MACT by award dated 22.03.2003 allowed a claim of Rs. 1,67,000/- with 9% interest. An appeal was filed by Smt. Somwati Devi and Ors. in the High Court being F.A.F.O. No. 1894 of 2003. The High Court allowed the appeal of the claimants and awarded a compensation of Rs. 12,54,000/-. Against the judgment of the High Court dated 25.02.2019, this appeal has been filed by the Insurance Company. The grant of compensation under two heads has been challenged in this appeal, i.e., item No. (vi) and (viii), which are to the following effect:
(vi) Loss of love and affection= Rs. 4,00,000/- (Rs. 50,000/- to each of the eight claimants).
(viii) Loss of Parental Consortium to claimant/Appellant Nos. 2 to 8= Rs. 2,80,000/- (Rs. 40,000/- to each of the claimants).
5. This Court while issuing notice on 24.04.2019 passed following order:
ORDER
Delay condoned.
Issue notice returnable in four weeks limited to the issue whether both consortium and loss of love and affection could have been awarded by the High Court in this case.
Dasti service, in addition, is permitted.
Until further orders, there shall be stay of 2 payment of the compensation amount payable to the claimants towards Clause (vi) of the impugned judgment which reads as under:
Loss of love and affection=Rs. 4,00,000/- (Rs. 50,000/- to each of the eight claimants)
6. In