whether both consortium and loss of love and affection could have been awarded?

MV Act -“Loss of Consortium” and “loss of love and affection.” -whether both consortium and loss of love and affection could have been awarded? – ‘consortium’, the question is as to whether it is only the wife who is entitled for consortium or the consortium can be awarded to children and parents also. – whether the amount granted under the head ‘loss of love and affection’ is wholly without jurisdiction? = Apex court held that 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 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 word ‘consortium’ has been defined in Black’s law Dictionary, 10th edition. The Black’s law dictionary also simultaneously notices the filial consortium, parental consortium and spousal consortium in following manner:- “Consortium 1. The benefits that one person, esp. A spouse, is entitled to receive from another, including companionship, cooperation, affection, aid, financial support, and (between spouses) sexual relations a claim for loss of consortium.  Filial consortium A child’s society, affection, and companionship given to a parent.  Parental consortium A parent’s society, affection and companionship given to a child.  Spousal consortium A spouse’s society, affection and companionship given to the other spouse.” The Magma General Insurance Company Ltd. (Supra) as well as United India Insurance Company ltd.(Supra), Three-Judge Bench laid down that the consortium is not limited to spousal consortium and it also includes parental consortium as well as filial consortium.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.We, thus, found 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’.

https://freelegalconsultancy.blogspot.com/2020/09/mv-act-loss-of-consortium-and-loss-of.html