NEW INDIA ASSURANCE CO. LTD. Vs. SUNITA SHARMA

JUDGEMENT

(1.) Leave granted.

(2.) The sole question arising in the above case is as to how the compensation payable under the Haryana Compassionate Assistance to the Dependents of Deceased Government Employees Rules, 2006 [For brevity 'Rules of 2006'] has to be dealt with in computing the compensation under the Motor Vehicles Act, 1988.

(3.) We notice that in the present case, the High Court has deducted only 50% of the compensation under the Rules of 2006 from the amounts awarded in the Claim Petition under the Motor Vehicles Act. The learned counsel for the Insurance Company points out that despite noticing the decision in Reliance General Insurance Co. Ltd. v. Shashi Sharma, (2016) 9 SCC 627, the High Court has ignored the dictum and followed the Judgment of that High Court in Kamla Devi v. Sahib Singh & Ors. [FAO No.3064 of 2013 and others - decided on 30/11/2017]