The Kerala High Court has reiterated that siblings of a deceased motor accident victim cannot claim separate compensation under the head of “loss of love and affection.” The Court said tribunals must stick to the conventional heads of compensation recognised by the Supreme Court.
Justice Shoba Annamma Eapen delivered the ruling while deciding an appeal filed by the mother and siblings of a 21-year-old man who died in a road accident in 2014. The Court enhanced the award under “loss of dependency.” However, it reduced the amount granted by the Motor Accidents Claims Tribunal (MACT) towards “loss of love and affection.” It also confined consortium to the mother alone.
Tribunal award and insurer’s challenge
Earlier, the MACT awarded ₹4,00,000 under “loss of love and affection” to the mother and three siblings collectively. The insurer challenged this grant. It relied on V. Pathmavathi and Others v. Bharathi Axa General Insurance Company Ltd. and Ors. [Manu/SC/0130/2026]. It argued that only the mother could receive consortium.
Supreme Court precedents on permissible heads
The High Court referred to the Constitution Bench decision in National Insurance Co. Ltd. v. Pranay Sethi [2017(4) KLT 662 (SC)]. That judgment listed the conventional heads in death cases as loss of estate, loss of consortium, and funeral expenses.
The Court also relied on Magma General Insurance Co. Ltd. v. Nanu Ram [(2018) 18 SCC 130]. In Magma, the Supreme Court expanded consortium to include spousal, parental, and filial consortium. Importantly, it treated “loss of love and affection” as part of consortium. Therefore, courts should not award it as a separate head.
Further, the High Court cited V. Pathmavathi v. Bharathi Axa General Insurance Co. Ltd. [Manu/SC/0130/2026]. There, the Supreme Court reiterated that courts remain bound by Pranay Sethi. As a result, they cannot create new compensation heads beyond those recognised by the Constitution Bench.
Although Pathmavathi did not directly decide siblings’ entitlement, the High Court noted its clear bar on granting “loss of love and affection” separately. In addition, it stressed that courts must confine awards to recognised consortium categories.
Siblings denied “loss of love and affection”; consortium limited to mother
“I find that the siblings are not entitled for any compensation under the head loss of love and affection. In the present case, the tribunal has awarded an amount of ₹ 4,00,000/- under the head loss of love and affection,” the Court held.
Accordingly, the Court held that only the mother could receive ₹40,000 towards consortium. It then reduced the MACT’s ₹4,00,000 award under “loss of love and affection” by ₹3,60,000.
Compensation recalculated; net enhancement ordered
At the same time, the Court enhanced compensation under “loss of dependency.” It reassessed the deceased’s notional income. It also applied future prospects in line with Pranay Sethi.
Finally, the Court revised the total compensation from ₹12,94,360 to ₹15,60,760. This resulted in a net enhancement of ₹2,66,400, payable by the insurer with 9% interest.
Case Title: Mariyakutty and Ors. v. United India Insurance Company Ltd.
Counsel for Appellants/Petitioners: AVM. Salahudin
Counsel for Respondent: P K Manojkumar (SC, United India)
