Judgement of the Day.-The New India Insurance Company Ltd. V. Somwati

The New India Insurance Company Ltd. V. Somwati

 Facts

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.

Judgment

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.

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