Legal News

Motor accident compensation includes parental and filial consortium too

The Supreme Court Bench of Justices Ashok Reddy and R Subhash Reddy has observed ‘Consortium’ in motor accidents compensation include parental and filial consortium. The Bench considered appeals made by three Insurance Companies viz New India Assurance Company Limited, Cholamandalam MS General Insurance Company Ltd. and The Oriental Insurance Company Ltd. about the compensation given to the claimants under two heads, viz. loss of love and affection and loss of consortium.  The appellants referred to the Constitution Bench judgment in National Insurance Co. Ltd vs Pranay Sethi contending that only spousal consortium is payable. The three-judge Bench referred to United India Insurance Company Ltd. versus Satinder Kaur. It stated that the comprehensive definition of the consortium was given in the case which includes the parental and filial consortium along with the spousal consortium. However, the Court has agreed with the appellants refusing compensation under the two heads, as mentioned above. 

Source: Live Law

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