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SC on Scope, Dimensions, Meaning & Extent of Loss of Parental & Spousal Consortium”

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SC on Scope, Dimensions, Meaning & Extent of Loss of Parental & Spousal Consortium”

Compensation for loss of “parental, spouse and filial” consortium

Supreme Court Reaffirms the concept and scope of “spousal, parental and filial” consortium as distinct head of compensation in accident compensation claims

Judgment dated 14.8.2026 of the Supreme Court in SLP (Civil) No.18553 of 2023 of Sameem Begum and others  Vs.  K. Venkat Swamy and another

“…By loss of consortium, the courts have made an attempt to compensate the loss of spouse’s affection, companionship, comfort, society, solace, assistance, protection, care and sexual relations during the future years. Unlike the compensation awarded in other countries and other jurisdictions, since the legal heirs are otherwise adequately compensated for the pecuniary loss, it would not be proper to award a major amount under this head.

“…In legal parlance, “consortium” is a compendious term which encompasses “spousal consortium”, “parental consortium”, and “filial consortium”. The right to consortium would include the company, care, help, comfort, guidance, solace and affection of the deceased, which is a loss to his family. With respect to a spouse, it would include sexual relations with the deceased spouse11.”

The ‘spousal consortium’ normally refers to the rights pertaining to relationship of a husband and wife which allow compensation to the surviving spouse for loss of company, society, cooperation, affection and aid of the other in the conjugal relations. The consortium amount which is granted to the child is called ‘parental consortium’ to be paid on the premature death of a parent. It is in the nature of compensation for parental aid, protection, affection, society, discipline, guidance and training which would have been available to the child had a parent been alive. The concept of ‘filial consortium’ is the right of parents to be compensated when there is accidental death of a child, for, parents would suffer shock and agony on loss of child during their lifetime. The filial consortium reflects the inbuilt love, affection and bond prevalent in the family for the children.

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