V. PATHMAVATHI & ORS. versus BHARTHI AXA GENERAL INSURANCE CO. LTD & ANR.

V. PATHMAVATHI & ORS. versus BHARTHI AXA GENERAL INSURANCE CO. LTD & ANR.

The salary certificate and employer affidavit established the deceased's fixed monthly income at Rs.10,000/-, and in view of Pranay Sethi an addition of 40% for future prospects was mandatory (deceased aged 37 and on fixed salary), leading to a notional monthly contribution of Rs.10,500/- and loss of dependency of Rs.18,90,000/-; further, 'loss of love and affection' is not a separate head and its non-pecuniary effects are subsumed within 'consortium'; accordingly total compensation of Rs.20,80,000/- awarded with interest @9% p.a. from date of filing.

Parties
Appellant: V. Pathmavathi & Ors.; Respondent: Bharthi Axa General Insurance Co. Ltd & Anr.
Jurisdiction
India
Judgment Date
06 February 2026
Procedural Posture
Civil Appeal / Appeal From High Court Judgment Under Section 173 of the Motor Vehicles Act, 1988 to the Supreme Court
Outcome
Appeal disposed of.
Legal Topics
Assessment of Income, Future Prospects, Loss of Love and Affection, Consortium, Interest on Compensation
Motor Vehicles Act, 1988 Compensation Constitutional Law Assessment of Income Future Prospects Loss of Love and Affection Consortium Interest on Compensation

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Parties

V. Pathmavathi & Ors.

Appellant

Bharthi Axa General Insurance Co. Ltd & Anr.

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment Under Section 173 of the Motor Vehicles Act, 1988 to the Supreme Court

Legal Issues

  1. 1 Assessment of the income of the victim and the denial of any amount towards future prospects
  2. 2 Grant of compensation under the head 'loss of love and affection'

Ratio Decidendi

The salary certificate and employer affidavit established the deceased's fixed monthly income at Rs.10,000/-, and in view of Pranay Sethi an addition of 40% for future prospects was mandatory (deceased aged 37 and on fixed salary), leading to a notional monthly contribution of Rs.10,500/- and loss of dependency of Rs.18,90,000/-; further, 'loss of love and affection' is not a separate head and its non-pecuniary effects are subsumed within 'consortium'; accordingly total compensation of Rs.20,80,000/- awarded with interest @9% p.a. from date of filing.

Court Disposition

Appeal disposed of.

Orders

  • Total compensation of Rs.20,80,000/- awarded to the claimants.
  • Interest at 9% per annum to be paid on the total compensation from the date of filing the claim petition till realization.