Consortium II

Posted on by Rudrajyoti Nath Ray

“Magma General Insurance Company Ltd., (2018) 18 SCC 130 explained the concept of ‘consortium’. United India Insurance Company Ltd. v. Satvinder Kaur, (2020) SCC Online 410 reaffirmed the view. Three-Judge Bench further laid down, ‘loss of love and affection’ is comprehended in ‘loss of consortium’. Hence, there is no justification to award compensation towards ‘loss of love and affection’ as a separate head.”

– Hon’ble Justice Ashok Bhushan, New India Assurance Company Limited v. Smt. Somwati, [Civil Appeal No. 3093 of 2020].

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A compensation is nothing but a rough estimate, being a token attempt. Take ‘consortium’, for example. It is impossible to put a price on loss of a loved one’s companionship; spousal, filial or parental compensations are all about acknowledging an emotional void, but payouts can never be more than a rough approximation.

– Hon’ble Justice Dipankar Datta, V. Pathmavathi v. Bharthi AXA General Insurance Co. Ltd., [Special Leave Petition (Civil) No. 23880 of 2022] decided on 06.02.2026.

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'The Last Word' seeks to include not only wise and witty sayings but also curiosities. These words are not of obligation but of delight. I am not alone in my refusal to believe, law is tedious. For all who escaped these percipient eyes, mea culpa maxima. History, after all, has many cunning passages, contrived corridors and issues.