Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Motor Vehicles Claims Accident Compensation |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Motor Vehicles – Accident – Claims – Compensation –Consortium – Appeals filed by Insurance Companies questioningthe judgments of the High Courts arising out of the award by MACTwith regard to the compensation awarded in favour of the claimantsunder two heads, i.e. ‘loss of consortium’ and ‘loss of love andaffection’ – The appellants submitted that the amount granted underthe head ‘loss of love and affection’ is wholly without jurisdictionand that National Insurance Company Ltd. v. Pranay Sethi and Ors.has only referred to spousal consortium and no other consortium,hence, there is no justification for allowing the parental consortiumand filial consortium – Held: The Constitution Bench in Pranay Sethihas referred to amount of Rs. 40,000/- to the ‘loss of Consortium’but the Constitution Bench had not addressed the issue as to whetherConsortium of Rs. 40,000/- is only payable as a spousal consortium– The judgment of Pranay Sethi cannot be read to mean that it laysdown the proposition that the consortium is payable only to thewife – Further, the Three Judges Bench in United India InsuranceCompany Ltd. has categorically laid down that apart from spousalconsortium, parental and filial consortium is payable – It was furtherlaid down that ‘loss of love and affection’ is comprehended in ‘lossof consortium’, hence, there is no justification to awardcompensation towards ‘loss of love and affection’ as a separatelead – Thus, the impugned judgments of the High Courts awardingconsortium to each of the claimants in accordance with law whichdoes not warrant any interference – However, the submission of theappellant that there is no justification for award of compensationunder separate head ‘loss of love and affection’ is accepted. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2020 INSC 535 |
Petitioner | The New India Assurance Company Limited |
Respondent | Smt. Somwati And Others |
SCR | [2020] 10 S.C.R. 1132 |
Judgement Date | 2020-09-07 |
Case Number | 3093 |
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