Supreme Court - Daily Orders
Reliance General Insurance Company ... vs Meenakshi on 10 November, 2021
Bench: Hemant Gupta, V. Ramasubramanian
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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 Signature Not Verified Digitally signed by R Natarajan Date: 2021.11.11 not legally permissible head of compensation. 17:06:33 IST Reason:
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), if any, also stand disposed of.
……………………………………………………J. [HEMANT GUPTA] ……………………………………………………J. [V. RAMASUBRAMANIAN] NEW DELHI;
10th NOVEMBER, 2021
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ITEM NO.7 COURT NO.11 SECTION XIV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s).804/2020
(Arising out of impugned final judgment and order dated 05-11-2019 in MACAPP No. 856/2019 passed by the High Court of Delhi at New Delhi) RELIANCE GENERAL INSURANCE COMPANY LTD. Petitioner(s) VERSUS MEENAKSHI & ORS. Respondent(s) (IA No. 45213/2021 - ADDITION / DELETION / MODIFICATION PARTIES, IA No. 83632/2020 - STAY APPLICATION) Date : 10-11-2021 These matters were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN For Petitioner(s) Ms. Prerna Mehta, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is allowed in terms of the signed order. Pending application(s), if any, also stand disposed of. (SWETA BALODI) (RENU BALA GAMBHIR) COURT MASTER (SH) COURT MASTER (NSH) (Signed order is placed on the file)