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Supreme Court of India 2020-09-07 partly_allowed

THE ORIENTAL INSURANCE COMPANY LIMITED vs SMT. SOMWATI AND OTHERS

Bench: 2 — Ashok Bhushan, R. Subhash Reddy

In Brief

This consolidated appeal concerns compensation under the Motor Vehicles Act, 1988 for death caused by motor accidents. Insurance companies challenged awards by High Courts for loss of consortium and loss of love and affection. The Supreme Court held that consortium—comprising spousal, parental, and filial components—is payable at Rs. 40,000 per person to wives, children, and parents alike, following earlier precedent. However, it set aside awards for loss of love and affection as a separate head, finding it is comprehended within consortium and lacks legal justification. The appeals were partly allowed with directions to recompute compensation excluding the love and affection component.

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Motor Vehicles Act Compensation Loss of Consortium Loss of Love and Affection Motor Accident Claims Tribunal

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