AI Overview...
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Consortium - A broad term encompassing spousal, parental, and filial consortium. It includes rights related to companionship, affection, society, cooperation, and aid within familial relationships. Loss of consortium accounts for emotional and non-pecuniary damages such as love and affection. Sreedevi, D/o. Late Radhamma VS Abu @ Aboobacker, S/o Moythunni - Kerala, Kaneez Fatima VS State of U. P. - Allahabad, Kaneez Fatima VS State Of U. P. - Allahabad
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Spousal Consortium - Specifically pertains to the rights of a surviving spouse to claim compensation for the loss of companionship, love, society, and assistance due to injury or death of the spouse. Typical awards range around Rs. 40,000 to Rs. 44,000, as seen in various judgments. United India Insurance Co. Ltd. VS Satinder Kaur @ Satwinder Kaur - Supreme Court, National Insurance Co. Ltd. VS Ningamma W/o Ningaiah - Karnataka, N. JAYASREE VS CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD. - Supreme Court
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Legal Judgments and Awards - Courts have awarded damages for loss of consortium in motor accident cases, with amounts generally around Rs. 40,000 to Rs. 44,000 for spousal consortium and similar amounts for parental consortium. For example, in Satinder Kaur (2020), Rs. 40,000 was awarded each for spousal and parental consortium. National Insurance Co. Ltd. VS Ningamma W/o Ningaiah - Karnataka, Namrata Anil Yadav VS Bhupendra Manohar Bhoir - Bombay, N. JAYASREE VS CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD. - Supreme Court
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Legal Framework - The Law of Torts recognizes damages for non-pecuniary losses like loss of love, affection, and companionship. The Kerala Torts (Miscellaneous Provisions) Act, 1977, and relevant Supreme Court rulings affirm that such damages are compensable, with higher proof standards required in criminal culpability versus tort liability. Sreedevi, D/o. Late Radhamma VS Abu @ Aboobacker, S/o Moythunni - Kerala, Maganlal Savani VS Uttam Chitra - Bombay
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Additional Insights - The concept of consortium is a compendious term that also covers parental and filial relationships, emphasizing the broad scope of familial damages recognized in tort law. The courts have consistently upheld the entitlement of claimants to compensation for emotional losses arising from injuries or death. Kaneez Fatima VS State of U. P. - Allahabad, Kaneez Fatima VS State Of U. P. - Allahabad
Analysis and Conclusion:
Spousal tort judgments predominantly recognize loss of consortium as a quantifiable non-pecuniary damage, with courts awarding amounts typically around Rs. 40,000 to Rs. 44,000. The legal interpretation broadens the scope of consortium to include parental and filial relationships, ensuring comprehensive compensation for emotional and relational losses in tort cases involving injury or death. These judgments reinforce the principle that every injury must have a remedy, including damages for emotional suffering and loss of companionship.
Search Results for "Spousal Torts Judgements"
2023 0 Supreme(Ker) 745 • India - Kerala
MARY JOSEPH
Constitution of India, 1950 - Article 142 - Kerala Torts (Miscellaneous Provisions) Act, 1977 - Section ... In Magma General (supra), this Court gave a comprehensive interpretation to consortium to include spousal consortium, parental consortium, as well as filial consortium. Loss of love and affection is comprehended in loss of consortium. ... It was contended on the basis of the dictum in the above case that the legal representatives of the victim who died in a motor accident are entitled to claim compensation under Section 2 of the Kerala Tor....
2020 3 Supreme 276 • India - Supreme Court
S.ABDUL NAZEER, INDU MALHOTRA, ANIRUDDHA BOSE
(Para 8) (B) Torts – Fatal Motor Accident – Concept of non-pecuniary damage for loss of consortium is one of ... On the basis of the judgments in Pranay Sethi (supra) and Magma General (supra), the following amounts are awarded under the conventional heads :- (i) Loss of Estate: Rs. 15,000 (ii) Loss of Consortium: (a) Spousal Consortium: Rs. 40,000 ... Nanu Ram & Ors., (2018) 18 SCC 130 this Court interpreted “consortium” to be a compendious term, which encompasses spousal consortium, parental consortium, as well as fili....
2024 Supreme(Online)(KER) 39153 • India - High Court of Kerala
Easwaran S., J
Parental consortiumNil8000040000x2 (P2 and P3)Spousal ... No.345 of 2021 and connected cases to contend that even in the case of death, a nominal amount can be granted as pain and sufferings in view of the provisions contained under the Kerala Torts and Miscellaneous Provisions Act, 1971. 4.
2022 0 Supreme(Bom) 685 • India - Bombay
G. S. PATEL, MADHAV J. JAMDAR
his or her own loss by failing to take reasonable care of his or her person or property - Whether consortium is only payable as spousal ... to "loss of consortium" but Constitution Bench had not addressed issue as to whether consortium of Rs.40,000/-is only payable as spousal ... It is submitted that at the most, Rs.80,000/-could have been awarded considering Spousal Consortium of Rs.40,000/-to Appellant No.1 and Parental Consortium of Rs.40,000/-to Appellant No.2. ... Ltd. which was delivered shortly after the above three-Judge Bench jud....
2020 0 Supreme(Kar) 1912 • India - Karnataka
M.NAGAPRASANNA
INDIA INSURANCE CO - LTD - Vs - SATINDER KAUR AND ORS reported Online SC claimants are entitled to be awarded each towards loss of Spousal ... SATINDER KAUR AND ORS reported in 2020 SCC Online SC 410, the claimants are entitled to be awarded Rs.40,000/-each towards loss of Spousal consortium and loss of Parental Consortium respectively. ... This Court in Mangla Ram (supra), noted that the nature of proof required to establish culpability under criminal law is far higher than the standard required under the law of torts to create liability....
2008 0 Supreme(Bom) 415 • India - Bombay
D.Y.CHANDRACHUD
now well settled that an action for passing-off is a common law remedy being an action in substance of deceit under the Law of Torts ... nbsp;The Supreme Court held that an act of passing-off is an act of deceit under the Law of Torts ... Section 55 of the Copyright Act indicates that the Plaintiffs in such a case would have more than one remedy for the espousal of its rights. The remedy of injunctive relief is not ousted. ... 12. ... ... The Supreme Court held that an act of passing off is an act of deceit under the Law of Tor....
2021 7 Supreme 481 • India - Supreme Court
Findings of Court: Spousal consortium is awarded at Rs.44,000/(Forty four thousand only ... Thus, the spousal consortium is awarded at Rs.44,000/-(Forty-four thousand only), and towards parental consortium at the rate of Rs.44,000/- each (Total Rs.88,000/-) is awarded to the two children. 35. ... These provisions are in consonance with the principles of law of torts that every injury must have a remedy. ... Thus, the appellants are entitled to compensation as under: (i) Towards Loss of dependency Rs.84,16,815/- (ii) Loss of Estate Rs.1....
2000 1 Supreme 265 • India - Supreme Court
R.P.SETHI, S.SAGHIR AHMAD
(a) Physical, sexual and psychological violence occurring in the family including battering, sexual abuse of female children in the household, dowry-related violence, marital rape, female genital mutilation and other traditional practices harmful to women, non-spousal ... It was contended that the liability under the Law of Torts would arise only when the act complained of was performed in the course of official duty and since rape cannot be said to be an official act, the Central Govt. would not be liable even under the Law of ....
2022 0 Supreme(All) 1504 • India - Allahabad
SURYA PRAKASH KESARWANI, SAURABH SRIVASTAVA
In legal parlance, ''consortium'' is a compendious term which encompasses ''spousal consortium'', ''parental consortium'', and ''filial consortium''. ... (E) ''Consortium'' is a compendious term which encompasses ''spousal consortium'', ''parental consortium'', and ''filial consortium''. ... Spousal consortium is generally defined as rights pertaining to the relationship of a husband-wife which allows compensation to the surviving spouse for loss of ''company, society, cooperation, affection, and aid of the other in every conjugal relati....
2022 0 Supreme(All) 1225 • India - Allahabad
SURYA PRAKASH KESARWANI, SAURABH SRIVASTAVA
(E) "Consortium" is a compendious term which encompasses "spousal consortium", "parental consortium", and "filial consortium". ... Spousal consortium is generally defined as rights pertaining to the relationship of a husband-wife which allows compensation to the surviving spouse for loss of “company, society, cooperation, affection, and aid of the other in every conjugal relation”. ... "Consortium" is a compendious term which encompasses "spousal consortium", "parental consortium", and "filial consortium". The right to consortium would i....
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