The New India Insurance Company Ltd. V. Somwati
The Insurance Companies had questioned the award of compensation to the claimant under two
heads, i.e., (a)loss of consortium and (b) loss of love and affection. With regard to 'consortium',
the issue raised was whether it is only the wife who is entitled for consortium or the consortium
can be awarded to children and parents also.
The Supreme Court has observed that, in Motor Accident Compensation Claims, consortium can
be awarded to children and parents also. The award of compensation under the conventional
head ‘loss of love and affection’ is set aside. The Motor Accident Claims Tribunals are directed
to recompute the amount payable and take further steps in accordance with law.