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Minor Farooque and ors. Vs. Municipal Corporation of the City of Ahmedabad and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtGujarat High Court
Decided On
Case NumberFirst Appeal No. 22 of 1977
Judge
Reported in1986ACJ101; AIR1985Guj114; (1985)1GLR155
ActsFatal Accidents Act, 1855 - Sections 1A
AppellantMinor Farooque and ors.
RespondentMunicipal Corporation of the City of Ahmedabad and ors.
Appellant Advocate S.N. Soparkar, Adv.
Respondent Advocate G.N. Desh and; Hamid Qureshi, Advs.
Excerpt:
- - he rightly felt concerned that the children, the three plaintiffs, lost much -needed love and affection in the sad demise of their parents especially when they were at the young age......j.1. to 5. x x x x x x x6. this brings us to the question of compensation. we would say that the learned judge, here, has not examined the question in its proper perspectives. firstly, we shall deal with his examination of the question of consortium to the children qua their parents. in paragraphs 131, 132 and 133 of the judgment, the learned judge has examined the question of loss of association or consortium to the children. the learned judge was truly conscious of his sailing in unchartered sea in that regard. he rightly felt concerned that the children, the three plaintiffs, lost much - needed love and affection in the sad demise of their parents especially when they were at the young age. the learned judge was conscious that the concept of consortium was related to consorts,.....
Judgment:

Bhatt, J.

1. to 5. X X X X X X X

6. This brings us to the question of compensation. We would say that the learned Judge, here, has not examined the question in its proper perspectives. Firstly, we shall deal with his examination of the question of consortium to the children qua their parents. In paragraphs 131, 132 and 133 of the Judgment, the learned Judge has examined the question of loss of association or consortium to the children. The learned Judge was truly conscious of his sailing in unchartered sea in that regard. He rightly felt concerned that the children, the three plaintiffs, lost much - needed love and affection in the sad demise of their parents especially when they were at the young age. The learned Judge was conscious that the concept of consortium was related to consorts, namely, the husband and the wife, but then he saw no distinction between the husband and the wife and other known forms of association, fellowship or togetherness. He said that he ventured to go a step further, in the absence of any authority shown to him tying down his hands to the contrary, by examining the case of the present minors so far as their right to claim damages under this head was concerned, and said that etymologically the meaning of the term 'consortium' suggesting partnership, association, fellowship or togetherness, could be extended to such relationships also. It is to be noted that the word has got a fixed meaning connoting only the husband and the wife and the companionship, fellowship or togetherness of the husband and the wife alone is indicative of 'consortium' . Salmond on the Law of Torts, 17th edition, page 359 has dealt with 'Loss of Consortium' in respect of a married woman, in terms of the English Law, and has observed that a married womnan has no right of action against a person who by a negligent act or s no right of action against a, pomission has been deprived of her husband's society or services. But the learned author stated that, for the death of her husband a wife, if dependent, man claim compensation under the Fatal Accidents Act. So, the learned Judge, in our view, does not appear to be right in awarding Rs. 10,GW/- under this head.

7. & 8. . x x x x x x

9. Appeal dismissed.


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