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MVA - Consortium

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Motor Vehicles Act 1988 (59 of 1988) Section 166  -  Consortium - The judgment of National Insurance Company Limited vs. Pranay Sethi , (2017-4)188 P.L.R. 693 (S.C.) cannot be read to mean that it lays down the proposition that the consortium is payable only to the wife. #2020 SCeJournal 1617 , (2020-4) PLR 001 (SC)

Held, Learned counsel for the appellant has submitted that Pranay Sethi has only referred to spousal consortium and no other consortium was referred to in the judgment of Pranay Sethi, hence, there is no justification for allowing the parental consortium and filial consortium. The Constitution Bench in Pranay Sethi has referred to amount of Rs.40,000/- to the 'loss of consortium' but the Constitution Bench had not addressed the issue as to whether consortium of Rs.40,000/- is only payable as spousal consortium. The judgment of Pranay Sethi cannot be read to mean that it lays down the proposition that the consortium is payable only to the wife. 

 

Motor Vehicles Act 1988 (59 of 1988) Section 166  -  Consortium - Consortium awarded to each of the claimants upheld - The Three-Judge Bench in United India Insurance Company Ltd. vs. Satinder Kaur alias Satvinder Kaur, (2020) SCC Online 410, has categorically laid down that apart from spousal consortium, parental and filial consortium is payable -  We feel ourselves bound by the above judgment of Three Judge Bench -  We, thus, cannot accept the submission of the learned counsel for the appellant that the amount of consortium awarded to each of the claimants is not sustainable. 2020 SCeJournal 1617 , (2020-4) PLR 001 (SC)

 

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Motor Vehicles Act 1988 (59 of 1988) Section 166  -  'Compensation' -  ‘Just Compensation’ - The expression 'compensation' is a comprehensive term which includes a claim for the 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 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.  2020 SCeJournal 1617 , (2020-4) PLR 001 (SC)

 

 

 

Motor Vehicles Act 1988 (59 of 1988) Section 166  -  'loss of love and affection'  - No compensation can be awarded under the head 'loss of love and affection' - 'loss of love and affection' is comprehended in 'loss of consortium', hence, there is no justification to award compensation towards 'loss of love and affection' as a separate head. United India Insurance Company Ltd. vs. Satinder Kaur alias Satvinder Kaur, 2020 SCeJ 1602, followed2020 SCeJournal 1617 , (2020-4) PLR 001 (SC)

 

 

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Comments: 1
  • #1

    Udai Mani Dikshit (Tuesday, 08 September 2020 06:20)

    Thanks.