{"id":231573,"date":"2020-06-30T14:50:48","date_gmt":"2020-06-30T09:20:48","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=231573"},"modified":"2020-07-03T14:07:33","modified_gmt":"2020-07-03T08:37:33","slug":"treating-loss-of-love-and-affection-as-a-separate-head-not-justified-when-compensation-for-loss-of-consortium-already-awarded","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2020\/06\/30\/treating-loss-of-love-and-affection-as-a-separate-head-not-justified-when-compensation-for-loss-of-consortium-already-awarded\/","title":{"rendered":"Treating ‘loss of love and affection’ as a separate head not justified when compensation for ‘loss of consortium’ already awarded"},"content":{"rendered":"

Supreme Court<\/strong>: Taking note of the fact that several Tribunals and High Courts have been awarding compensation for both loss of consortium and loss of love and affection, the bench directed the Tribunals and High Courts to award compensation for loss of consortium, which is a legitimate conventional head<\/strong>.<\/span><\/p>\n

\n

\u201cThere is no justification to award compensation towards loss of love and affection as a separate head.\u201d<\/p>\n<\/blockquote>\n

The 3-judge bench of SA Nazeer, Indu Malhotra and Aniruddha Bose, JJ was hearing an issue relating to determination of compensation in a motor vehicle accident case.<\/p>\n

On Loss of Consortium <\/strong><\/span><\/p>\n

The Constitution Bench in National Insurance Company Limited v. Pranay Sethi, (2017) 16 SCC 680<\/em><\/strong><\/a>, has recognized only three conventional heads under which compensation can be awarded viz. loss of estate, loss of consortium and funeral expenses.<\/p>\n

Explaining the law on loss of consortium, the Court said that 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.<\/p>\n

The Court noticed that in Magma General Insurance Co. Ltd. v. Nanu Ram, (2018) 18 SCC 130<\/em><\/strong><\/a>, this Court gave a comprehensive interpretation to consortium to include spousal consortium, parental consortium, as well as filial consortium. Loss of love and affection is comprehended in loss of consortium.<\/p>\n

The Court, hence, said that it was necessary to provide uniformity with respect to the grant of consortium, and loss of love and affection.<\/p>\n

On Future Prospects<\/strong><\/span><\/p>\n

In the wake of increased inflation, rising consumer prices, and general standards of living, future prospects have to be taken into consideration, not only with respect to the status or educational qualifications of the deceased, but also other relevant factors such as higher salaries and perks which are being offered by private companies these days. The dearness allowance and perks from which the family would have derived monthly benefit, are required to be taken into consideration for determining the loss of dependency.<\/p>\n

The Court, further, reiterated:<\/p>\n