Loss of love and affection cannot be awarded separately when compensation for loss of consortium has been granted.

Thirumalaisamy died in a road accident on 14 April 2018 while travelling as a pillion rider; the Tribunal found the driver of the insured van negligent.

His wife and daughter claimed compensation under Section 166 of the Motor Vehicles Act, 1988.

The Tribunal awarded ₹13,28,236, including ₹11,68,236 for loss of income, ₹80,000 for consortium, and ₹50,000 for loss of love and affection.

The insurer appealed, challenging the age-based calculation, future prospects, multiplier, and award for loss of love and affection.

1. Whether the Tribunal correctly calculated compensation for loss of dependency, including the deceased’s age, future prospects, deduction for personal expenses, and multiplier.

2. Whether the claimants could receive both loss of consortium and a separate amount for loss of love and affection.

A claim for compensation for death in a motor accident may be brought under Section 166 of the Motor Vehicles Act, 1988, and an appeal against the Tribunal’s award lies under Section 173.

Relying on National Insurance Company Ltd. v. Pranay Sethi, 2017 (2) TN MAC 758, the Court applied a 10% addition for future prospects for a deceased aged 60.

The Court also applied a one-third deduction for personal and living expenses and a multiplier of nine in calculating dependency.

It treated the award of consortium as sufficient and set aside the separate award for loss of love and affection.

The Court rejected the insurer’s age challenge because the deceased’s PAN card recorded his date of birth as 1 October 1958, making him 60 at the time of the accident.

It therefore applied 10% future prospects, while affirming the one-third deduction and multiplier of nine.

In its revised calculation, the Court used a monthly income of ₹14,109, added 10% to reach ₹15,520, and calculated dependency at ₹11,17,440.

The judgment does not explain the basis for the ₹14,109 figure, although it earlier records that the Tribunal fixed notional monthly income at ₹6,500.

The Court removed the separate ₹50,000 award for loss of love and affection because consortium had already been awarded.

The Court reduced the total compensation from ₹13,28,236 to ₹12,27,440 by modifying the loss-of-dependency award and setting aside the loss-of-love-and-affection award; the other listed heads were retained.

The modified sum carries interest at 7.5% per annum from the date of the claim petition until deposit.

The insurer was directed to deposit the balance, after credit for any amount already deposited, within six weeks; the Tribunal’s apportionment and disbursement directions remain in force.