NEW DELHI MUNICIPAL COUNCIL Vs. ASHA DEVI

JUDGEMENT

(1.) Impugned order of 29th Feb., 2016, grants compensation of Rs. 10 lacs odd, to the legal heirs of the deceased.

(2.) Sole contention raised by learned Standing Counsel for appellant is that the amount of Rs. 1 lac deposited by appellant has not been set off. It is submitted by learned Standing Counsel for appellant that ex gratia payment of Rs. 1 lac was promptly made to the legal heirs of the deceased in order to meet the funeral expenses etc. and infact, the said payment was an interim compensation, which is required to be paid in such a situation and so, the amount of Rs. 1 lac paid ex gratia has to be treated as interim compensation and needs to be adjusted against the compensation awarded.

(3.) To support the impugned order, learned counsel for respondents relies upon a Division Bench decision of this Court in W.P.(C) 4897/2007 Union of India Vs. Hira Rani, rendered on 16th Aug., 2010 to submit that an ex gratia payment is not to be adjusted and it has been so clarified by the Ministry of Finance in the case of Smt. R. Vijaykumari, as referred to in Hira Rani (Supra). Attention of this Court is drawn to appellant's Communication of 21st July, 2014 to point out that it was not an interim compensation and in view of decision in Hira Rani (Supra), the ex gratia payment of Rs. 1 lac is not required to be adjusted against the compensation awarded.