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DELHI HIGH COURT
SANJEEV SACHDEVA
Liberty General Insurance Ltd. – Appellant
Versus
Veena Devi – Respondent
| Table of Content |
|---|
| 1. preliminary proceedings for the case. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. circumstances of the accident and loss. (Para 8 , 9) |
| 3. arguments on compensation claims. (Para 10 , 11 , 12 , 13) |
| 4. court's analysis on loss of consortium. (Para 14 , 15) |
| 5. final ruling and order on compensation. (Para 16 , 17 , 18 , 19 , 20) |
JUDGMENT
Sanjeev Sachdeva, J. (Oral)
CM APPL.3435/2021(early hearing filed by R-1&2)
1. The hearing was conducted through video conferencing.
2. Issue notice. Notice is accepted by Mr. Amitej Kumar Nagar, learned counsel appearing for appellant.
3. For the reasons stated in the application, the application is allowed.
4. The appeal is taken up for hearing today.
5. The next date of 25.03.2021 is cancelled.
MAC.APP. 187/2020
6. Issue notice. Notice is accepted by learned counsel appearing for respondents no 1 and 2.
7. Since no relief is claimed against respondents no. 3 and 4, service of respondents no. 3 and 4 is dispensed with.
8. Appellant has impugned judgment dated 20.12.2019, whereby the Claim Petition filed by respondents no. 1 and 2 has been allowed and a compensation awarded.
9. The case of the claimants i.e. the parents of the
Separate compensation for 'Loss of Love and Affection' is impermissible, as it is included within 'Loss of Consortium', as established in Supreme Court precedents.
Loss of love and affection is comprehended in loss of consortium, and there is no justification to award compensation towards loss of love and affection as a separate head.
Separate compensation for 'Loss of Love and Affection' cannot be awarded in addition to 'Loss of Consortium' as per Supreme Court ruling.
The award of compensation for loss of love and affection is justified and based on established legal principles, providing specific amounts for family members as per judicial precedents.
The main legal point established in the judgment is the modification of compensation amounts for loss of consortium and love and affection based on relevant legal provisions and settled legal princip....
The court confirmed the compensation awarded towards loss of consortium and set aside the compensation awarded towards loss of love and affection based on the interpretation of consortium under the M....
Compensation for loss due to a victim's demise must include fair amounts for loss of dependency and consortium, with specific deductions for personal expenses based on legal precedents.
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