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Supreme Court of India 2020-09-07 partly_allowed

New India Assurance Company Limited vs Somwati and Others

Bench: 2 — Ashok Bhushan

In Brief

These consolidated appeals challenged High Court awards of compensation in motor vehicle accident death claims. The Supreme Court upheld awards of 'loss of consortium' to wives, children, and parents at Rs. 40,000 each, recognizing that consortium encompasses spousal, parental, and filial relationships. However, the Court set aside compensation awarded under the separate head 'loss of love and affection,' holding that such losses are already comprehended within consortium and cannot form an independent compensation head. The Motor Accident Claims Tribunals were directed to recompute compensation accordingly, limiting awards to the three conventional heads established by precedent.

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Motor Vehicles Act Compensation Death Claims Loss of Consortium Insurance Civil Procedure

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