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The Supreme Court of India issued an order in a series of Special Leave Petitions that addressed the concern as to whether compensation can be provided under the ambit of loss of love and affection in the case of a motor accident.
The Division Bench consisting of Justice Ajay Rastogi and Justice Indu Malhotra observed that the precedence set by the judgment of the Constitution Bench in the case of National Insurance Company Ltd v. Pranay Sethi and Ors holds that there exists no provision for compensation under the ambit of loss of love and affection. The Supreme Court placed further emphasis or reliance on the case of New India Assurance Company Ltd v. Somwati and United India Insurance Company Ltd v. Satinder Kaur which both held that in a motor accident compensation could only be provided in the case of loss of consortium and not under the premise of loss of love and affection.
The Supreme Court in the case of New India Assurance Company Ltd v. Somwati held that the loss of love and affection is considered or understood to fall under the ambit of loss of consortium and thus there is no basis for providing compensation under the purview of loss of love and affection. The Supreme Court upon placing reliance on the aforementioned precedents laid down in previous judgments held that compensation can only be provided in the case of loss of consortium and not separately under the ambit of love and affection and thereby dismissed the series of Special Leave Petitions.
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