NEW DELHI: In a relief to insurance companies, the Supreme Court on Monday ruled that Motor Accident Claims Tribunals or high courts cant grant compensation to the kin of deceased for loss of love and affection once it has awarded money under the head of loss of consortium, reports Dhananjay Mahapatra.
New India Assurance Company, Cholamandalam MS General Insurance Company and Oriental Insurance Company had challenged judgments of various HCs in cases arising from awards by MACTs.
Various insurance firms had challenged judgments of HCs in cases arising from awards by MACTs with regard to compensation awarded to claimants under two heads — loss of consortium and loss of love and affection.
While rejecting the pleas of insurance companies that compensation could not be additionally awarded under loss of consortium head, a bench of Justices Ashok Bhushan and RS Reddy said since loss of love and affection was included in loss of consortium, there was no justification to award compensation for loss of love and affection under a separate head.
“It is, thus, now authoritatively well settled that no compensation can be awarded under the head loss of love and affection,” itRead More – Source
NEW DELHI: In a relief to insurance companies, the Supreme Court on Monday ruled that Motor Accident Claims Tribunals or high courts cant grant compensation to the kin of deceased for loss of love and affection once it has awarded money under the head of loss of consortium, reports Dhananjay Mahapatra.
New India Assurance Company, Cholamandalam MS General Insurance Company and Oriental Insurance Company had challenged judgments of various HCs in cases arising from awards by MACTs.
Various insurance firms had challenged judgments of HCs in cases arising from awards by MACTs with regard to compensation awarded to claimants under two heads — loss of consortium and loss of love and affection.
While rejecting the pleas of insurance companies that compensation could not be additionally awarded under loss of consortium head, a bench of Justices Ashok Bhushan and RS Reddy said since loss of love and affection was included in loss of consortium, there was no justification to award compensation for loss of love and affection under a separate head.
“It is, thus, now authoritatively well settled that no compensation can be awarded under the head loss of love and affection,” itRead More – Source
