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RELIANCE GENERAL INSURANCE COMPANY LTD. v. MEENAKSHI

Supreme Court of India | Diary 391/2020

Status

Order

Decided On

2021-11-10

Bench

HON'BLE MR. JUSTICE HEMANT GUPTA and HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN

Petitioner

RELIANCE GENERAL INSURANCE COMPANY LTD.

Respondent

MEENAKSHI

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Full Judgment Text

1

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.6666 OF 2021 (@ SLP(C) No.804/2020)

RELIANCE GENERAL INSURANCE COMPANY LTD. APPELLANT(S)

VERSUS

MEENAKSHI & ORS. RESPONDENT(S)

O R D E R

Application for deletion of the names of respondent Nos.7 and

8 is allowed at the request of appellant.

Despite service, none has put in appearance on behalf of the

other respondents/claimants.

We have heard learned counsel for the appellant.

Leave granted.

The short arguments raised by learned counsel for the

appellant is that the amount of compensation on account of love and

affection could not have been granted in view of judgment of this

Court in ‘The New India Assurance Company Limited Vs. Smt. Somwati

& Ors.’ reported in (2020) 9 SCC 644.

In view of the said fact, compensation of Rs.3,00,000/-

(Rupees Three Lakhs) awarded on account of love and affection is

not legally permissible head of compensation.

Consequently, we allow the present appeal. The insurance

company shall pay compensation awarded by the High Court less

2

Rupees three lakhs.

In case the amount of compensation has not been disbursed to

the claimants, the reduced amount shall be paid to the insurance

company but if the amount of compensation stand disbursed to the

claimants, the same shall not be recoverable from the claimants.

Pending application(s)...

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