Accident-- Consortium-- 'Loss of Love and Affection' Not a Recognised Head of Compensation for Siblings in Motor Accident Death Claims
Siblings of a deceased accident victim are not entitled to compensation under the head of "loss of love and affection." Under the framework of compensation in motor accident death claims, as settled in National Insurance Co. Ltd. v. Pranay Sethi, permissible conventional heads are loss of estate, loss of consortium, and funeral expenses. As clarified in Magma General Insurance Co. Ltd. v. Nanu Ram, "loss of love and affection" is subsumed within consortium and cannot be awarded as a separate head. Consortium compensation extends only to spouse, parents, and children — not siblings. Courts cannot create heads of compensation beyond those recognised by the Constitution Bench.
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