Whether Motor Accident Compensation Under Head “Love And Affection” Can Be Granted? Supreme Court To Examine

first_imgTop StoriesWhether Motor Accident Compensation Under Head “Love And Affection” Can Be Granted? Supreme Court To Examine LIVELAW NEWS NETWORK14 Jan 2021 11:26 PMShare This – xThe Supreme Court has issued notice in a batch of special leave petitions which raised the issue whether Motor Accident Compensation under head “Love and Affection” can be granted?The bench comprising Justices Indu Malhotra and Ajay Rastogi noted that the Constitution Bench decision in National Insurance Company Ltd Vs Pranay Sethi and Ors. 2017 (16 ) SCC 680 does not provide for such…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Supreme Court has issued notice in a batch of special leave petitions which raised the issue whether Motor Accident Compensation under head “Love and Affection” can be granted?The bench comprising Justices Indu Malhotra and Ajay Rastogi noted that the Constitution Bench decision in National Insurance Company Ltd Vs Pranay Sethi and Ors.  2017 (16 ) SCC 680 does not provide for such a head. It was further noticed that the issue is seen covered in United India Insurance Co. Ltd. vs. Satinder Kaur @ Satwinder Kaur & Ors. followed in New India Assurance Company Limited versus Somwati 2020 (9) SCC 644, wherein it has been held that compensation can be awarded only for loss of consortium, and not for loss of Love and Affection.In Somwati, it was observed that ‘loss of love and affection’ is comprehended in ‘loss of consortium’, hence, there is no justification to award compensation towards ‘loss of love and affection’ as a separate head.”Several Tribunals and High Courts have been awarding compensation for both loss of consortium and loss of love and affection. The Constitution Bench in Pranay Sethi (supra), has recognized only three conventional heads under which compensation can be awarded viz. loss of estate, loss of consortium and funeral expenses. In Magma General (supra), this Court gave a comprehensive interpretation to consortium to include spousal consortium, parental consortium, as well as filial consortium. Loss of love and affection is comprehended in loss of consortium. The Tribunals and High Courts are directed to award compensation for loss of consortium, which is a legitimate conventional head. There is no justification to award compensation towards loss of love and affection as a separate head.”, it was held in Satinder Kaul (a three judge bench judgment)Case: NEW INDIA ASSURANCE CO. LTD. vs. KUSUM & ORS. [Special Leave to Appeal (C) No(s). 6023/2020]Click here to Read/Download OrderRead OrderSubscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Storylast_img read more