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1 - 9 of 9 (0.35 seconds)Reliance General Insurance Comp. Ltd vs Shashi Sharma & Ors on 23 September, 2016
In Shashi Sharma's case, 2016 ACJ 2723 (SC), this
court was dealing with the payments made to the legal heirs
of the deceased in terms of rule 5(1) of the Haryana
Compassionate Assistance to the Dependants of Deceased
Government Employees Rules, 2006 (for short 'the said
Rules‟). Under rule 5 of the said Rules on the death of a
government employee, the family would continue to receive
as financial assistance a sum equal to the pay and other
allowances that was last drawn by the deceased employee
for periods set out in the Rules and after the said period the
family was entitled to receive family pension. The family
was also entitled to retain the Government accommodation
for a period of one year in addition to payment of Rs.
25,000 as ex gratia.
Bhakra Beas Management Board vs Kanta Aggarwal & Ors on 7 July, 2008
In Shashi Sharma's case, a three-Judge Bench of the Supreme Court while
hearing a reference also considered incidental question as to whether there
was any conflict of opinion between the Coordinate two-Judge Benches of
this Court, in the case of Bhakra Beas Management Board v. Smt.Kanta
Aggarwal, 2008(11) SCC 366 on one hand, and that of Helen C. Rebello
4 MA No.495/2011 a/w CCROS NO.13/2013
v. Maharashtra SRTC, 1999 (1) SCC 90 and United India Insurance
Company v. Petricia Jean Mahajan, 2002(6) SCC 281 on the other hand.
The Supreme Court after adverting to the entire case law on the subject in
paragraph No.16 concluded thus:-
Mrs. Helen C. Rebello & Ors vs Maharashtra State Road Transport ... on 18 September, 1998
"(12) The principle expounded in this decision in Helen C.
Rebello's case that the application of general principles
under the common law to estimate damages cannot be
invoked for computing compensation under the Motor
Vehicles Act. Further, the 'pecuniary advantage' from
whatever source must correlate to the injury or death caused
on account of motor accident. The view so taken is the
correct analysis and interpretation of the relevant provisions
of the Motor Vehicles Act of 1939, and must apply proprio
vigore to the corresponding provisions of the Motor
Vehicles Act, 1988.
Sebastiani Lakra vs National Insurance Company Ltd. on 12 October, 2018
In view of the law laid down by the Supreme Court, particularly, in
the latest judgment of Sebastiani Lakra (supra), I am of the considered
opinion that the payment(s) received by the claimants in the instant case by
way of ex-gratia are not deductible from the compensation payable under
the provisions of Motor Vehicle Act, as nothing has been brought to my
notice to indicate that such payments have been only made because of the
death of the deceased in motor accident and were not payable otherwise.
Argument of learned ASGI, thus, is not tenable and the same is,
accordingly, rejected.
National Insurance Company Ltd. vs Mannat Johal on 23 April, 2019
9. The conclusion arrived at by the later three-Judge Bench is, thus, that
deductions can be ordered only where the tort- feaser satisfies the Court
that the amount has been paid to the claimants only on the ground of death
of the deceased in a motor vehicle accident. Essentially, the latter Bench
has approved the ratio of Helllen C. Rebello. Reference to a recent two-
Judge Bench judgment of the Supreme Court in the case of National
Insurance Company Limited v. Mannat Johal and others, 2019 ACJ
1849 would also be of great assistance.
Sarla Verma & Ors vs Delhi Transport Corp.& Anr on 15 April, 2009
Going
by the age of the deceased, the multiplier of 14 was applicable but the
Tribunal has erroneously applied the multiplier of 12, which is not in
11 MA No.495/2011 a/w CCROS NO.13/2013
consonance with law laid down in the case of Sarla Verma (supra) and
reiterated in a Constitution Bench Judgment in the case of National
Insurance Company Limited v. Pranay Sethi and others, (2017) 16
SCC 680.
National Insurance Co. Ltd vs Pranay Sethi on 31 October, 2017
15. Similarly, the amounts awarded under conventional heads also
deserves to be modified so as to bring them in conformity with Pranay
Sethi (supra).
United India Insurance Co. Ltd. vs Mrs. Patricia Jean Mahajan & Others on 13 March, 2001
However, while dealing with the scheme the court held that
applying a harmonious approach and to determine a just
compensation payable under the Motor Vehicles Act it
would be appropriate to exclude the amount received under
the said Rules under the head of „pay and other allowances‟
last drawn by the employee. We may note that on principle
this court has not disagreed with the proposition laid down
in Helen C.Rebello or in Patricia Jean Mahajan (supra), but
while arriving at a just compensation, it had ordered the
deduction of the salary received under the statutory Rules."
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