States » NorthPosted at: Jun 20 2025 12:12AM


Himachal: HC upholds compensation for married daughters under ‘Loss of Consortium’ in bus accident case

Shimla, June 19 (UNI) The Himachal Pradesh High Court has held that under the Motor Vehicles Act, compensation for loss of income is limited to financially dependent legal heirs, however, married daughters, though not financially dependent on their deceased father, are still entitled to compensation under the head of "loss of consortium".
Justice Vivek Singh Thakur, deciding FAO No 4165 of 2013 (Oriental Insurance Company Ltd versus Satya Devi & Others), ruled that “dependent legal heirs, apart from compensation under other heads, shall also be entitled for loss of consortium, whereas other family members who are not dependent legal heirs of the deceased shall be entitled for loss of consortium, which is awarded for personal loss of love, affection, guidance and emotional trauma.”
The case pertained to the death of Surat Ram, who died in a bus accident on July 10, 2009. He was returning home from work in a crowded bus insured by Oriental Insurance. While standing near the door, he fell out when the driver applied sudden brakes, and the rear tyre crushed his leg. He later succumbed to injuries at IGMC, Shimla. His colleague, who was present at the scene, blamed rash driving in a police statement.
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