Supreme Court of India
Raj Bala & Ors. v. Rakeja Begam & Ors.
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What the Court ordered
We are of the considered view that in the light of the binding decision of the Constitution Bench, which is already relied on by us to grant benefits in favour of the Appellants, we are bound to interfere with the grant of excess amount in respect of the compensation under the head ‘loss of consortium’ and the grant of compensation under the non-existing head of ‘love and affection’.
Judgment, page 9
From the headnote
Motor Vehicles Act, 1988: s.166 – Compensation, determination of – Compensation under head of ‘love and affec tion’, ‘loss of spousal consortium to wife and ‘loss of parental consortium to children’ – bus fell into a river in which victim-dece ased was a passenger and he drowned in the river – Appellants, wife and children of the deceased filed claim petition under s.166 of t he Act seeking compensation of Rs.50 lakhs, under differen t heads – Tribunal found that the accident had occurred due t o rash and negligent driving and awarded Rs.17,73,704/- with interes t at the rate of 6 % p.a. –
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