Motor Vehicles Act, 1988
Section 173(1)—Appeal against dismissal of claim petition—At the time of death of deceased, the appellant was her legally wedded husband, although it appears that they were living separately—Question as to whether the appellant, being the legally wedded but estranged husband, is entitled to any compensation under the head of loss consortium—Apex Court in United India Insurance Co. Ltd. vs Satinder Kaur alias Satwinder Kaur, 2021 (11) SCC 780 has held that term “consortium” includes spousal, parental, and filial consortium, and that even in cases where the relationship has subsisted legally, the spouse is entitled to compensation under the said head—Appellant, being the legally wedded husband of the deceased, is entitled to a sum of Rs.40,000/- towards loss of consortium.
[Paras 9 to 12]