Supreme Court Questions CB Judgment that Excluded “Loss of Love and Affection” in Motor Accident Claims

The Supreme Court expressed reservations about a recent Constitution Bench judgment which held that “loss of love and affection” cannot be separately compensated in motor accident claims under the Motor Vehicles Act.

While hearing related appeals, the Bench indicated that the reasoning may warrant reconsideration, especially in cases involving grievous injuries or death, where emotional and relational losses are profound.

The Court noted that compensation principles should account for the real impact on victims and their families.

The matter is being examined in the context of aligning statutory compensation frameworks with just and equitable relief for claimants.

[V Pathmavathi & Ors. v. Bharthi AXA General Insurance Co Ltd. & Anr.]