Estranged Husband Entitled To Compensation Towards Loss Of Consortium Upon Wife's Death In Road Accident: MP High Court

The Madhya Pradesh High Court has granted compensation towards loss of consortium to a man, for the death of his wife, despite the fact that the couple had been living separately.

The court, citing the case of United India Insurance Company Ltd v Satinder Kaur [(2021) 11 SCC 780], reiterated that the principle of consortium applies to spousal, parental and filial consortium and applies even in cases where the relationship was subsisting only legally. 

The bench of Justice Hirdesh observed; 

"In view of the aforesaid legal position and the facts of the present case, this Court finds it appropriate to hold that the appellant, being the legally wedded husband of the deceased, is entitled to a sum of Rs. 40,000/- towards loss of consortium". 

The development comes in an appeal preferred by the husband against award passed by the Motor Accident Claims Tribunal, denying his claim.

The wife had died after falling from a negligently driven bus. The husband had then approached the Tribunal seeking compensation. It was argued that the deceased was a healthy Anganwadi worker and he was emotionally and financially depended on her.

The Tribunal however held that the husband was residing separately on the date of accident and failed to prove that his marriage with the deceased was not dissolved.

The counsel for the husband argued that the Tribunal erred in dismissing his claim, as he was the legally wedded husband of the deceased, and that the Anganwadi records clearly depict their marital status. 

Agreeing, the Court held that the Appellant, being the legally wedded husband, was entitled to ₹40,000 towards the loss of consortium. 

Case Title: Badam Batham v Dinesh [MA-806-2022]

Citation: 2025 LiveLaw (MP) 246

For Appellant: Advocate Ramesh Prasad Gupta 

For Insurance Company: Advocate Rajesh Gupta

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