Reply To: Shiv Kumar & Ors. Vs. Gainda Lal & Ors (21/10/2022)

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#118796
advtanmoy
Keymaster

Interference with the compensation granted by the High Court
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While considering the question of interference with the compensation granted by the High Court under the head of ‘love and affection’ it is only appropriate to refer to a two Judge-Bench decision of this Court in Jana Bhai and Ors. v. ICICI Lombard General Ins. Co. Ltd.5 Evidently, the two Judge Bench took note of the fact that the Constitution Bench in Pranay Sethi’s case , has recognized only three conventional heads where compensation are awardable viz., ‘loss of estate’, ‘loss of consortium’ and the ‘funeral expenses’. Then, the two Judge-Bench referred to the decision of this Court in Magma General Ins. Co. Ltd. v. Nanu Ram, which, in turn, had virtually followed by three Judge Bench of this Court in United Ins. Co. Ltd. v. Satinder Kaur. It was held therein that as held in Magma’s case (supra) though compensation under the head of ‘love and affection’ is impermissible compensation for ‘loss of spousal consortium to wife and ‘loss of parental consortium to children’ are admissible.