Compensation Towards Loss Of Consortium Can Be Granted To Even Estranged Husband On Death Of Wife In Road Accidents: Madhya Pradesh High Court Reiterates

The Madhya Pradesh High Court has reiterated that even an estranged husband is entitled to compensation towards loss of consortium upon death of wife in a road accident.

The Court was considering an Appeal against an award passed by Motor Accident Claims Tribunal whereby the Claim Petition preferred by the Appellant was dismissed.

The bench of Justice Hirdesh Roy held, "The Hon’ble Supreme Court in United India Insurance Company Ltd. v. Satinder Kaur alias Satwinder Kaur and Others [(2021) 11 SCC 780] has held that the 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."

The Appellant was represented by Advocate Ramesh Prasad Gupta while the Respondent was represented by Advocate Rajesh Gupta.

Facts of the Case

On night, the deceased was boarding a bus to proceed towards Dabra to procure ration for the Anganwadi Centre, as the ration stock had been exhausted. The driver of the said bus drove the vehicle rashly and negligently, as a result of which the deceased fell down from the bus and was run over, sustaining grievous injuries leading to her death during treatment. 

On account of the untimely demise of the deceased, the Appellant, being her husband, filed a Claim Petition before the Claims Tribunal seeking compensation of Rs.26,50,000/- along with interest. 

It was averred that the deceased was a healthy Anganwadi worker posted at Anganwadi Centre Unit and was earning approximately Rs.14,000/- per month. The Appellant contended that due to the sudden death of his wife, he suffered severe mental agony and financial hardship. He was a heart patient and was dependent on his wife both emotionally and financially. It was further pleaded that he incurred substantial expenses on the cremation and last rites of the deceased. 

The Tribunal held that the Appellant failed to prove that his marriage with the deceased had not been dissolved and that they were living together as husband and wife on the date of the accident. It further held that the Appellant did not establish his dependency upon the deceased and, therefore, was not entitled to compensation.

Counsel for the Appellant contended that the Appellant was the legally wedded Husband of the deceased and that the Anganwadi records of the deceased clearly mention the Appellant as her husband, which conclusively establishes their marital relationship. It was submitted that the Tribunal erred in relying upon document as proof of mutual divorce, although such a document had no legal sanctity. It was further submitted that in the connected claim case, the Respondents therein were awarded compensation of Rs.4,87,000/- under the same common award, whereas the Appellant was denied compensation without justifiable reason.

Reasoning By Court

The Court after considering the question as to whether the Appellant, being the legally wedded but estranged Husband, is entitled to any compensation under the head of loss of consortium answered in positive referring to a Supreme Court precedent.

The Appeal was accordingly allowed.

Cause Title: Badam Batham v. Dinesh And Others (2025:MPHC-GWL:28738)

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