NEW INDIA ASSURANCE CO. LTD Vs. KAMLESH

JUDGEMENT

(1.) Leave granted.

(2.) The claimants are the legal heirs of the deceased who succumbed to the injuries sustained in a motor accident. In the claim petition before the Motor Accident Claims Tribunal, they were awarded a compensation of Rs.37,85,800.00. The Insurance Company filed an appeal, restricted to the quantum, especially on the deduction to be allowed with respect to the financial assistance under the Haryana Compensation Assistance to the Dependents of Deceased Government Employees Rules, 2006(for brevity 'the Rules of 2006'); whether the same is liable to be deducted from the total compensation. The appeal by the claimants was for enhancement of compensation.

(3.) The loss of dependency granted by the Tribunal at Rs.35,65,800.00 was enhanced to Rs.45,14,986.00 employing the multiplier system for calculating loss of dependency as has been declared by a Constitution Bench decision in National Company Limited v. Pranay Sethi and Other,(2017) 16 SCC 680. However, under conventional heads, the award of Rs.2,20,000.00 granted by the Tribunal was reduced to Rs.70,000.00. The total compensation was determined at Rs.45,14,986.00 out of which half of the compensation under the Rules of 2006 was directed to be deducted i.e. Rs.21,67,704.00 on the basis of the decision of the Punjab and Haryana High Court in New India Assurance Company Ltd. v. Ajmero and Others,FAQ No.2648 of 2016 decided on 31/7/2017.