Understanding “Loss of Consortium” in Indian Law
Loss of consortium reminds us that the law isn’t just about math; it’s about people. While no amount of money can replace a father’s guidance or a spouse’s love, this legal head ensures that the emotional vacuum created by an accident is acknowledged by the justice system.
While legal cases often focus on money and bills, the law also recognizes the “invisible” wounds—the loss of a loved one’s company, care, and affection. This is known as Loss of Consortium.
In simple terms, it is the compensation paid for the emotional and relational damage caused when someone is injured or killed due to another person’s negligence (common in motor accident cases).
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What does it actually mean?
The word comes from the Latin ‘consors’, meaning “sharing together.” In court, it represents the right of a family member to the companionship and help of their loved one. It isn’t just about the “income” the person brought home; it’s about:
- Love and affection.
- Care and protection.
- Comfort and physical intimacy.
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The Three Types of Consortium
Following the landmark Magma General Insurance (2018) case, the Supreme Court divided consortium into three distinct categories:
- Spousal Consortium: For the surviving husband or wife.
- Parental Consortium: For children who lose the guidance and love of a parent.
- Filial Consortium: For parents who lose the companionship of their child.
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How Much is the Compensation?
For a long time, courts gave very small “token” amounts (around ₹5,000). However, the law has evolved to be more realistic:
| Landmark Judgment | Key Update |
| Rajesh v. Rajbir Singh (2013) | Raised the amount to a more reasonable ₹1,00,000. |
| Magma General Insurance (2018) | Standardized the amount to ₹40,000 per claimant. |
| Somwati Case (2020) | Clarified that each dependent gets ₹40,000 separately. |
Example: If a deceased person leaves behind a wife, two children, and both parents, the total
consortium claim would be ₹40,000 x 5 = ₹2,00,000.
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Why is it a “Constitutional” Right?
The Supreme Court has linked the loss of consortium to Article 21 (Right to Life and Dignity). This means awarding this money isn’t just “sympathy”—it is a legal necessity to acknowledge that human relationships have value and that losing them affects one’s dignity and quality of life.
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Practical Tips
The “Dos” ✅
- Identify All Claimants: Demand individual compensation for the spouse, each child, and both parents.
- The “Magma” Rule: Use Magma General Insurance (2018) as your gold-standard precedent to secure the ₹40,000 benchmark per person.
- Prove the Bond: Use photos or testimony to highlight the emotional role the deceased played—make the loss tangible for the court.
The “Don’ts” ❌
- Avoid “Bundling”: Never request a single lump sum for the family; list every claimant individually to maximize the award.
- Don’t Skip Injury Cases: Even if the victim survived, a spouse can claim for the loss of care and intimacy if there is permanent disability.
- Keep Finances Separate: Remember that consortium is Non-Pecuniary (emotional). Never mix it with “Loss of Dependency” (financial math).
