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Universal Sompo General Insurance ... vs Smt Renu Devi And Ors on 13 December, 2024 cites

United India Insurance Co. Ltd. Etc. Etc vs Patrica Jean Mahajan And Ors. Etc. Etc on 8 July, 2002

7. In the light of the aforesaid ratio, each and every amount received by the claimants on account of death of the deceased, is not deductible from the compensation payable under the Motor Vehicles Act, 1988 (hereinafter referred to as 'the 1988 Act'). For the amount to be deductible, the same must have some connection with the amount payable under the 1988 Act. Section 167 of the 1988 Act provided that notwithstanding anything contained under the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the 1923 Act'), the person entitled to claim compensation may claim compensation either under the 1988 Act or under the 1923 Act but not under both. Thus, wherever the policy is on account of premium payable by the employer, the same may fall within the ambit of Workman's Compensation Act, 1923 and attract bar under Section 167 of the 1988 Act. However, in the present case, the amount received by the claimants from HDFC Bank, owing to insurance linked to the salary account, was not payable on account of death in the motor-vehicular accident but was payable in the event of accidental death related to the 18 of 19 ::: Downloaded on - 21-12-2024 17:03:04 ::: Neutral Citation No:=2024:PHHC:166667 FAO-5844-2024 (O&M) 19 nature of duty that the police personnels are required to undertake. Thus, in view of the principle laid down by Apex Court in Mrs. Helen C. Rebello's case (supra), reiterated in the case of United India Insurance Co. Ltd. vs. Patricia Jean Mahajan' (supra) and further approved in Shashi Sharma's case (supra), the plea raised by Mr. Jain, cannot be accepted.
Supreme Court of India Cites 19 - Cited by 446 - B Kumar - Full Document
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