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Sreekumar vs The Divisional Manager, The National ... on 22 March, 2022

10. The question as to whether the person who has been awarded compensation in excess of what has been claimed can prefer an appeal under Section 173 of the Act has been considered by the Division Bench of this Court in Sreekumar v. Divisional Manger, National MACA Nos.1582/2015, 3151/2014 ..11.. Insurance Company Ltd., Kollam [2022 (3) KHC 467], wherein it was held that, once it is found that the compensation to which claimant is entitled, be it under any particular head or aggregate, is more than what is claimed, its denial after assessment would result in denial of just compensation. Sri. T.K. Koshy, the learned counsel for the petitioners took me through paragraphs 77 and 78 of the said decision which read as under:
Kerala High Court Cites 52 - Cited by 1 - A Narendran - Full Document

United India Insurance Co. Ltd. vs Satinder Kaur @ Satwinder Kaur And Ors. on 30 June, 2020

In Satinder Kaur (supra), the Hon'ble Supreme Court has held that, when compensation is awarded under the head loss of consortium, there is no justification in awarding compensation for loss of love and affection as a separate head. Therefore, Rs.1,00,000/- awarded by the Tribunal under the head loss of love and affection has to be deducted from the total compensation.
Supreme Court of India Cites 16 - Cited by 1453 - I Malhotra - Full Document
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