Estranged Husband Entitled to Compensation for Loss of Consortium, Rules Madhya Pradesh High Court

Court directs Insurance Company to compensate legally wedded husband despite estrangement, reinforcing spousal rights under Motor Vehicles Act.

In a significant ruling, the Madhya Pradesh High Court at Gwalior has directed an insurance company to compensate an estranged husband under the head of loss of consortium following the death of his wife in a motor accident. The judgment, delivered by Justice Shri Hirdesh on November 12, 2025, came in response to an appeal by Badam Batham, whose claim for compensation was initially dismissed by the Motor Accident Claims Tribunal, Dabra.

The case revolved around the tragic demise of Smt. Laxmi Batham, who was involved in a fatal accident on September 4, 2017, while boarding a bus. Her husband, Badam Batham, filed a claim petition seeking compensation of Rs.26,50,000, citing his dependency on the deceased, both emotionally and financially, given his health condition. However, the Claims Tribunal dismissed his petition, questioning the legitimacy of their marital status and his dependency on her.

In a detailed examination, Justice Hirdesh referred to the Supreme Court's ruling in United India Insurance Company Ltd. v. Satinder Kaur alias Satwinder Kaur, which expanded the scope of the term "consortium" to encompass spousal, parental, and filial aspects. The court acknowledged that while Badam and Laxmi were living separately, their marriage was legally intact, thereby entitling Badam to compensation for loss of consortium.

The court ordered the insurance company to pay Rs.40,000 to Badam Batham within two months, highlighting the legal sanctity of marital bonds and the rights of estranged spouses under the Motor Vehicles Act, 1988. This ruling underscores the judiciary's commitment to uphold the rights of individuals in complex marital situations, ensuring that legal entitlements are not negated by estrangement.

Bottom Line:

Legally wedded but estranged husband of deceased is entitled to compensation under the head of loss of consortium.

Statutory provision(s): Motor Vehicles Act, 1988 Section 173(1)

Badam Batham v. Dinesh, (Madhya Pradesh)(Gwalior) : Law Finder Doc Id # 2808636