P&H: Grants Deceased Man’s Two Sons ₹40,000 Each for Loss of Consortium

punjab-haryana
⚖️ Order Date: 08 Oct 2026
Headnotes

(i) Words and Phrases — Parental consortium — “Parental consortium” is granted to child upon premature death of parent, for loss of parental aid, protection, affection, society, discipline, guidance and training. (Para 8.1)

(ii) Motor Vehicles Act, 1988, S.166 — Compensation — Consortium — Deceased leaving widow and two minor sons — Tribunal having awarded consortium only to widow, children were also entitled to Rs 40,000 each towards loss of consortium, with interest at 7.5% per annum from...


Facts of the Case

P&H: Grants Deceased Man’s Two Sons ₹40,000 Each for Loss of Consortium

The Punjab and Haryana High Court has partly allowed an appeal by the widow and two minor sons of Dalbir Singh, who died in a 2017 road accident. The family sought an increase in the compensation awarded by the Motor Accidents Claims Tribunal, which had granted ₹14.7 lakh with interest.

The Tribunal had found that the accident was caused by the rash and negligent driving of the offending vehicle. Its award included ₹40,000 for loss of consortium, but that amount was granted only to Singh’s widow, Poonam.

The appellants argued that Singh’s two minor sons were also entitled to compensation...

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