Supreme Court - Daily Orders
Oriental Insurance Co. Ltd vs Usha Devi & Others on 28 November, 2016
Bench: N.V. Ramana, A.M. Khanwilkar
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 11719/2016
(arising out of S.L.P.(Civil) No. 6745/2016)
Oriental Insurance Co. Ltd. …………Appellant
Vs.
Usha Devi & Ors. …………Respondents
ORDER
Leave granted.
Heard counsel for the parties.
Counsel for the appellant (Oriental Insurance Co. Ltd.) submitted that the appellant will press this appeal only on the issue of amount receivable by the dependents/claimants towards the head of Pay and Allowances in the form of ex-gratia financial assistance. The High Court relied on the decision in Reliance General Insurance Co. Ltd. Vs. Purnima & Ors.1 to answer the question in favour of the claimants. That decision of the High Court, however, has been reversed in a recent decision of three Judges Bench of this Court in Reliance General Insurance Co.Ltd. vs. Shashi Sharma & Ors. 2 As no other ground has been pressed by the appellant, this appeal must partly succeed on the same terms, conditions, observations and Signature Not Verified Digitally signed by NEELAM GULATI Date: 2016.12.03 12:38:34 IST 1 Reason:
FAO No.1322/2010 decided on 21st December 2012
2 C.A.No.9654/2016 decided on 23rd September, 2016 AIR 2016 SC 4465 2 directions as given in the aforementioned decision of this Court. In other words, the appeal succeeds only to the extent of deducting the amount receivable by the respondents (dependents of the deceased Government employee) in terms of Rule 5(1) of the Haryana Compassionate Assistance to the Dependents of Deceased Government Employees Rules, 2006 towards financial assistance equivalent to the loss of pay and wages of the deceased Government employee for the period specified.
The appeal is partly allowed in the above terms. Registry is directed to refund the amount deposited by the appellant (Oriental Insurance Co. Ltd.) along with interest accrued thereon, if any.
……………………………J. (N.V.Ramana) ……………………………J. (A.M.Khanwilkar) New Delhi, Dated: 28th November, 2016 1 ITEM NO.57 COURT NO.12 SECTION IVB 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). 6745/2016 (Arising out of impugned final judgment and order dated 29/01/2016 in FAO No. 2683/2015 passed by the High Court Of Punjab & Haryana At Chandigarh) ORIENTAL INSURANCE CO. LTD Petitioner(s) VERSUS USHA DEVI & OTHERS Respondent(s) (with appln. (s) for interim relief and office report) Date : 28/11/2016 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE N.V. RAMANA HON'BLE MR. JUSTICE A.M. KHANWILKAR For Petitioner(s) Mr. Varinder Kumar Sharma,Adv.
Md. Shahid Hussain, Adv.
Mr. Bikash Chandra, Adv.
Mr. S.L. Gupta, Adv.
Mr. Brahm Shankar K., Adv.
Mr. Bhanu Pratap Singh, Adv.
For Respondent(s) Mr. Kuldeep Sehrawat, Adv.
Ms. Monisha Sehrawat, Adv.
Mr. Naveen Sehrawat, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is partly allowed in terms of the signed order. Registry is directed to refund the amount deposited by the appellant (Oriental Insurance Co. Ltd.) along with interest accrued thereon, if any.
(NEELAM GULATI) (SUKHBIR PAUL KAUR)
COURT MASTER AR–cum-PS
(Signed order is placed on the file)