Home Judgments & Orders Supreme Court Compensation For ‘Loss Of Consortium’ Can Be Awarded To Children And Parents...

Compensation For ‘Loss Of Consortium’ Can Be Awarded To Children And Parents Also In Case of Motor Accident Claims: SC

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The Supreme Court on Monday has observed that, in Motor Accident Compensation Claims, consortium can be awarded to children and parents also.

A division Bench headed by Justice Ashok Bhushan and R. Subash Reddy hear appeals that have been filed by three insurance companies, questioning the decisions of High Court arising out of award by Moter Accident Claims Tribunal (MACT) with regards to the compensation awarded to claimants under two heads, i.e., ” Loss of Consortium” and “Loss of Love and Affection”.

The insurance companies had questioned the award of compensation to the claimant under the two heads. With regard to ‘consortium’, the question was raised that whether the wife is only liable to get the Consortium or the parents and children can also be awarded.

It was observed by the Court that the claimant in a claim for award of compensation under Section 166 of Motor Vehicles Act, 1988, is entitled for just compensation. The just compensation has to be equitable and fair. The loss of life and limb can never be compensated in an equal measure but the statutory provisions under Motor Vehicles Act is a social piece of legislation which has been enacted with intent and object to facilitate the claimants to get redress for the loss of the member of family, compensate the loss in some measure and to compensate the claimant to a reasonable extent.

The Court further stated, “The impugned judgments of the High Court awarding consortium to each of the claimants in accordance with law which does not warrant any interference in this appeal. We, however, accept the submissions of learned counsel for the appellant that there is no justification for award of compensation under separate head ‘loss of love and affection’.”

“In result, all the appeals are partly allowed. The award of compensation under the conventional head ‘loss of love and affection’ is set aside. The Motor Accident Claims Tribunals shall recompute the amount payable and take further steps in accordance with law.” The bench said.

Read Judgment:

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