NOORJADI KHATOON Vs. PINTU YADAV

JUDGEMENT

(1.) The instant appeal is directed against the judgment dated 02.01.2015 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby compensation of Rs. 23,24,314/- was awarded in favour of the Appellants for the death of their bachelor son Mohd. Sarwar Ali Siddiqui, who suffered fatal injuries in a motor vehicular accident which occurred on 05.08.2013.

(2.) The short ground raised in the instant appeal is that sum of Rs. 5,00,000/- which was received by the legal representatives of the deceased Mohd. Sarwar Ali Siddiqui on account of Group Accident Insurance Policy taken by the employer is not liable to be deducted from the compensation of Rs. 28,24,314/- which was payable to the Appellants.

(3.) It is well settled that any amount payable on account of accidental death is liable to be deducted. The Claims Tribunal referred to the judgment of the Bombay High Court in Oriental Insurance Company Limited v. Meena Tuka Ram Jhadav, First Appeal No.573/2013, decided on 19.12.2013, wherein the judgment in Helen C. Rebello & Ors. v. Maharashtra State Road Transport Corporation and Anr., 1999 1 SCC 90was discussed. The Claims Tribunal further relied on Delhi Transport Corporation v. Suraj Bhan & Anr., 2011 ACJ 2294, which referred to the ratio in United India Insurance Co. Ltd. & Ors. v. Patricia Jean Mahajan & Ors., 2002 6 SCC 281to hold that the amount of compensation payable under Group Personal Accident Policy will be liable to be deducted from the amount of compensation payable.