In Brief
A widow and three children claimed compensation after the death of the family's breadwinner's wife in a motor vehicle accident. The High Court had reduced the compensation by using the deceased housewife's salary from three years before the accident. The Supreme Court held that for a deceased housewife without employment at the time of death, pecuniary loss should be computed using the notional income method (one-third of the surviving spouse's income), not prior salary. The Court also ruled that loss of love and affection is subsumed in loss of consortium and should not be awarded separately, and that future prospects of 40% should be added to the notional income for the deceased who was under 40. The Court allowed the appeal and substantially enhanced the compensation awarded.
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