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DELHI HIGH COURT
SANJEEV SACHDEVA
Magma HDI General Insurance Co. Ltd. – Appellant
Versus
Meena Kumari @ Meenu – Respondent
| Table of Content |
|---|
| 1. challenge regarding compensation for loss of affection. (Para 4 , 5 , 6) |
| 2. application of supreme court precedents in compensation. (Para 7 , 13 , 14 , 15 , 16) |
| 3. assessment and distribution of compensation to dependents. (Para 8 , 9 , 10 , 11 , 12) |
| 4. court's affirmation of tribunal award and dismissal of appeal. (Para 17 , 18) |
| 5. direction for disbursal of compensation amount. (Para 19 , 20) |
JUDGMENT
Sanjeev Sachdeva, J. (Oral)
CM. APPL.28779/2021 (for release of amount by R-1)
1. Issue notice. Notice is accepted by learned counsel for the appellant.
2. Learned counsel for the parties pray that the appeal be taken up for hearing today.
3. In view of the above, the application is disposed of. The appeal is taken up for hearing today. The next date of 29.09.2021 is cancelled.
MAC.APP. 122/2020
4. Appellant impugns award dated 02.12.2019, whereby claim petition has been allowed and compensation awarded.
5. The only ground of challenge by the appellant to award is towards award of sum of Rs.1,50,000/- under the head of `loss of love and affection to children and parents of the deceased. There is no challenge to the factum of the accident, negligence or the q
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.
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.
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 established the necessity of accurately assessing a deceased's income for determining compensation, highlighting the importance of calculating future prospects and addressing familial loss ....
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....
The main legal point established in the judgment is the assessment of the deceased's income and the determination of compensation based on relevant legal principles and court decisions.
Compensation for loss of dependency in motor accident claims must accurately reflect legal precedents regarding deductions and include adequate compensation for consortium over love and affection.
The main legal point established in the judgment is the application of principles for determining compensation under various heads as per the Motor Vehicles Act, 1988 and relevant Supreme Court decis....
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