Dhananjay.Mahapatra@timesgroup.com
New Delhi:08.09.2020
In a relief to insurance companies, the Supreme Court on Monday ruled that Motor Accident Claims Tribunals or high courts cannot grant compensation to the kin of the deceased for ‘loss of love and affection’ once it has awarded money under the head of ‘loss of consortium’.
New India Assurance Company, Cholamandalam MS General Insurance Company and Oriental Insurance Company had challenged judgments of various HCs in cases arising from awards by MACTs with regard to compensation awarded to claimants under two heads — ‘loss of consortium’ and ‘loss of love and affection’.
While rejecting the pleas of insurance companies that compensation could not be additionally awarded under ‘loss of consortium’ head, a bench of Justices Ashok Bhushan and R S Reddy said since ‘loss of love and affection’ was included in ‘loss of consortium’, there was no justification to award compensation for ‘loss of love and affection’ under a separate head.
“It is, thus, now authoritatively well settled that no compensation can be awarded under the head ‘loss of love and affection’,” it said, adding that ‘loss of consortium’ could be paid to wife, children and parents of the deceased.
Quoting an earlier judgment, the bench said, “Consortium is to be taken as a compendious term, which encompasses spousal consortium, parental consortium as well as filial consortium. The right to consortium would include the company, care, help, comfort, guidance, solace and affection of the deceased, which is a loss to his family. With respect to a spouse, it would include sexual relations with the deceased spouse. Parental consortium is granted to the child upon the premature death of a parent, for loss of parental aid, protection, affection, society, discipline, guidance and training.”
Filial consortium is the right of the parents to compensation in the case of an accidental death of a child. An accident leading to the death of a child causes great shock and agony to the parents and family of the deceased. The greatest agony for a parent is to lose their child during their lifetime. Children are valued for their love and affection, and their role in the family unit.”
Justice Bhushan, writing the judgment, said, “The expression ‘compensation’ is a comprehensive term which includes a claim for damages. Compensation is by way of atonement for the injury caused. The claimant in a claim for award of compensation under Section 166 of Motor Vehicles Act, 1988, is entitled for just compensation.
The bench said ‘loss of consortium’ could be paid to wife, children and parents of the deceased
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