Uttar Pradesh State Road Transport Corporation v. Sarvesh & Ors.

1. The present Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 seeking to challenge the award dated 13.07.2020 passed by the learned Presiding Officer, MACT, South District, Saket Court, New Delhi [hereinafter referred to as “Impugned Award”]. By the Impugned Award a sum of Rs.29,59,368/- has been awarded along with 9% interest to the Respondents/Claimants.

2. Learned Counsel for the Appellant submits that the challenge in the present Appeal is limited to two grounds. Firstly, that the award for compensation towards love and affection would not be payable in terms of the judgment of the Supreme Court in United India Insurance Company Limited v. Satinder Kaur alias Satwinder Kaur and Others[1]. Secondly, that the Impugned Award did not take into consideration the interim compensation that was already awarded.

3. This Court had on 07.12.2020 directed the deposit of the entire awarded amount before the Court and disbursal thereof to the beneficiaries, Respondents/Claimants, after deducting the amount towards love and affection as well as the amounts already paid.

4. Learned Counsel for the parties submit that the deduction for love and affection as well as interim amount inclusive of interest thereon has already been received by the Respondents/Claimants.

5. Learned Counsel for the Appellant submits that the Supreme Court in the Satwinder Kaur case clarified that the loss of consortium and loss of love and affection does not have to be awarded under separate heads and that the compensation for loss of consortium is a legitimate conventional head and it would include the compensation towards loss of love and affection. Paragraphs 34 and 35 of the Satwinder Kaur case in this behalf are set out below:

include spousal consortium, parental consortium, as well as filial consortium. Loss of love and affection is comprehended in loss of consortium.

35. The Tribunals and the High Courts are directed to award compensation for loss of consortium, which is a legitimate conventional head. There is no justification to award compensation towards loss of love and affection as a separate head.” [Emphasis supplied]

6. Learned Counsel for the Respondents fairly submits that the Respondents/Claimants did receive an amount of Rs.62,847/- as interim compensation. Thus, the only issue that remains to be adjudicated in the present matter is whether the learned Trial Court could have awarded amounts for loss of love and affection and also awarded amounts for loss of consortium.

7. The Impugned Award in Paragraph 16 shows that the award for loss of love and affection in the sum of Rs.1.[5] lacs and for the loss of consortium an additional amount in the sum of Rs.1.[2] lacs has been granted, in addition to the grant of funeral expenses and loss of estate.

8. Applying the judgment of the Supreme Court in Satwinder Kaur case, the compensation awarded under the head of loss of consortium would include the compensation for loss of love and affection. Given the settled law in this behalf. This Court deems it apposite to modify the Impugned Award and direct that the amounts for loss of love and affection be deducted from the amounts awarded.

9. Learned Counsel for the Appellant submits that in compliance with the order passed by this Court on 07.12.2020, the Appellant has deposited an amount of Rs.43,01,817/- after deduction of the amounts towards ‘loss of love and affection’ as well as the interim amount already paid. Thus, it is contended that the award stands satisfied in terms of the order passed today. 9.[1] Learned Counsel for the Respondents affirms this contention.

10. Accordingly, the Appeal stands disposed of. Pending Application(s) stand closed.

TARA VITASTA GANJU, J AUGUST 11, 2025