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DELHI HIGH COURT
SANJEEV SACHDEVA
Reliance General Insurace Compay Limited – Appellant
Versus
Raj Bala – Respondent
| Table of Content |
|---|
| 1. background information on the appeal and liability. (Para 1 , 6) |
| 2. arguments against the award of compensation for 'loss of love and affection'. (Para 2 , 3 , 4 , 7) |
| 3. notice of appeal accepted. (Para 5) |
| 4. modification of the award regarding compensation. (Para 8) |
| 5. procedural directives post-judgment. (Para 9 , 10 , 11) |
JUDGMENT
Sanjeev Sachdeva, J. (Oral)--Appellant impugns award dated 11.3.2020 whereby the detailed accident report has been disposed of and compensation awarded.
2. Learned counsel appearing for the appellant contends that the only issue arising in the subject appeal is with regard to award of Rs.2 lakhs as compensation under the under the head of "Loss of Love and Affection".
3. Learned counsel submits that the Supreme Court in Civil Appeal No.2705/2020 titled `United India Insurance Company Vs. Satinder Kaur @ Satwinder Kaur, decided on 30th June, 2020 has held that no amount can be awarded separately under the head of "Loss of Love and Affection" in addition to award of compensation under the head of "Loss of Consortium".
4. He submits that the Tribunal has erred in awarding the said amount of Rs.2 lakhs under the said head.
5. Issue no
Separate compensation for 'Loss of Love and Affection' cannot be awarded in addition to 'Loss of Consortium' as per Supreme Court ruling.
Separate compensation for 'Loss of Love and Affection' is impermissible, as it is included within 'Loss of Consortium', as established in Supreme Court precedents.
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.
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....
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 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 court's decision was influenced by the need to ensure reasonable and just compensation for Loss of Consortium, Loss of Estate, and Funeral Expenses, as established in the relevant judgments.
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