Awarding Compensation Towards 'Loss Of Love & Affection' As A Separate Head In Addition To 'Loss Of Consortium' Not Justified: SC - Synopsis
Navoneel Karmakar 9 Jul 2020

An appeal was filed in the Supreme Court against the order of a High Court by both the Insurance Company and also the claimant. 

The Supreme Court acknowledged that there is no basis for granting compensation for loss of love and affection as a separate arm, as well as compensation for consortium failure. The Bench of Justices S. Abdul Nazeer, Indu Malhotra and Aniruddha Bose observed that the loss of love and affection is known by the loss of a consortium, which is a legal traditional head.

In its decision, the Bench affirmed the applicable criteria for determining liability in the event of an incident of death. The judgment applies primarily to the recommendations given by Sarla Verma & Ors. V. Delhi Transport Corporation & Anr, As regards the determination of the multiplicand, the determination of the multiplier and the actual array.

The Court noted that the relevant conditions to be taken into account for determining compensation in the event of death are:

i)                the age of the deceased at the time of his death;

ii)               the number of dependents left behind by the deceased; 

iii)             the revenue of the deceased at the time of his death. 

×

C2RMTo Know More

Something Awesome Is In The Work

0

DAYS

0

HOURS

0

MINUTES

0

SECONDS

Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.
×

SAARTHTo Know More

Launching Soon : SAARTH, your complete client, case, practise & document management SAAS application with direct client chat feature.

If you want to know more give us a Call at :+91 98109 29455 or Mail info@soolegal.com