DELHI HIGH COURT
SANJEEV SACHDEVA
National Insurance Company Ltd. – Appellant
Versus
Amir Hassan – Respondent
| Table of Content |
|---|
| 1. details of the case and compensation awarded. (Para 1) |
| 2. arguments regarding the 'loss of love and affection' compensation. (Para 2 , 3 , 4) |
| 3. supreme court ruling on compensation principles. (Para 5 , 6) |
| 4. court's final decision and order. (Para 7 , 8 , 9 , 10 , 11 , 12) |
JUDGMENT
Sanjeev Sachdeva, J. Appellant impugns judgment dated 02.12.2019 whereby the claim petition filed by respondent nos. 1 to 5 was allowed and compensation awarded.
2. Learned counsel appearing for the appellant contends that the only issue arising in the present appeal is with regard to award of compensation under the head of `Loss of Love and Affection'.
3. Learned counsel submits that in view of the judgment of the Supreme Court dated 30th June, 2020 in `United India Insurance Company Vs. Satinder Kaur @ Satwinder Kaur', (Civil Appeal No.2705/2020) no separate compensation could have been made awarded the head of `Loss of Love and Affection' in addition to award of compensation under the head of `Loss of Consortium'.
4. Learned counsel for respondent nos. 1 to 5 concedes to the said position and submits that he has no objection in case the award is modified and the award of compens
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.
Compensation for loss of love and affection cannot be separately awarded when it is already included in loss of consortium, as established by recent Supreme Court rulings.
Separate compensation for 'Loss of Love and Affection' cannot be awarded in addition to 'Loss of Consortium' as per Supreme Court ruling.
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....
Compensation must adhere to established precedents regarding conventional heads, with love and affection encompassed in loss of consortium, and accurately quantify loss of estate, as per Supreme Cour....
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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