REGENT COMPUTRONICS PVT. LTD.

NEW INDIA ASSURANCE CO LTD Appellant

V/S

SANTOSH Respondents

Referred Judgements :-

BALE V/S. WILLIAM HUNTS AND SONS LIMITED [REFERRED TO]
LIFFEN V/S. WATSON [REFERRED TO]
DAVIES V/S. POWELL DUFFRYN ASSOCIATED COLLIERIES LTD [REFERRED TO]
PARRY V/S. CLEAVER [REFERRED TO]
REDPATH V/S. BELFAST AND COUNTY DOWN RY [REFERRED TO]
WEST V/S. SHEPHARD [REFERRED TO]
HODGSON V/S. TRAPP [REFERRED TO]
KERALA MINERALS AND METALS LIMITED V/S. RAMAN NAIR [REFERRED TO]
MOTOR VEHICLE LAWS,LEXIS NEXIS [REFERRED TO]
GOBALD MOTOR SERVICE LIMITED VS. R M K VELUSWAMI [REFERRED TO]
SHEIKHUPURA TRANSPORT CO LIMITED VS. NORTHERN INDIA TRANSPORT INSURANCE CO [REFERRED TO]
N SIVAMMAL VS. MANAGING DIRECTOR PANDIAN ROADWAYS CORPORATION [REFERRED TO]
GENERAL MANAGER KERALA STATE ROAD TRANSPORT CORPORATION TRIVANDRUM VS. SUSAMMA THOMAS MRS [REFERRED TO]
UNITED INDIA INSURANCE CO LIMITED VS. PATRICIA JEAN MAHAJAN [REFERRED TO]
TAMIL NADU STATE TRANSPORT CORPORATION TANJORE VS. NATARAJAN [REFERRED TO]
NATIONAL INSURANCE COMPANYLTD VS. INDIRA SRIVASTAVA [REFERRED TO]
BHAKRA BEAS MANAGEMENT BOARD VS. KANTA AGGARWAL [REFERRED TO]
SARLA VERMA VS. DELHI TRANSPORT CORPORATION [REFERRED TO]
HEIRS OF DECEASED GIRDHARBHAI VS. RAKESHBHAI GOPALBHAI [REFERRED TO]
KANIKA HAZARIKA VS. SREEAM BARTHAKUR [REFERRED TO]
MANAGEMENT OF SREE LALITHAMBIKA ENTERPRISES VS. S KAILASAM [REFERRED TO]
V JAYARAJ VS. THANTHAI PERIYAR TRANSPORT CORPORATION LTD [REFERRED TO]
MGT OF TAMILNADU CEMENT CORPORATION LTD VS. N JAYAPALAN [REFERRED TO]
BHANWARI BAI VS. UNION OF INDIA [REFERRED TO]
NATIONAL INSURANCE CO LTD VS. RENUKA SAHA [REFERRED TO]
BHAGAT SINGH AND SOHAN SINGH VS. OM SHARMA [REFERRED TO]
EXECUTIVE ENGINEER PWD B AND R VS. NARAIN LAL [REFERRED TO]
AMARJIT KAUR VS. STATE OF PUNJAB [REFERRED TO]
HARJIT KAUR VS. TOCHI TRANSPORT COMPANY [REFERRED TO]

JUDGEMENT

(1.) This batch of cases involves the issue of whether the representatives of the deceased, who have come by a financial benefit through ex gratia payments by the Government arising out of the death of the persons in the motor accident would stand to forfeit the benefit of compensation and if not, would that be relevant to slice down the compensation. The contrary position is what is contended on behalf of the claimants that ex-gratia payments are wholly irrelevant as the Tribunal has found and that they are entitled to a full compensation on the basis of the extent of dependence of the family as though no benefit has accrued and by the application of suitable multiplier commensurate with the age of the respective deceased at the time of the accident.

(2.) In this batch of cases, FAO Nos. 3432, 3433, 3434 and 3487 relate to cases of deaths of persons, all of whom were Government servants in the State of Haryana. The accident is said to have taken place when on 24.07.2005, the Financial Commissioner and Secretary to Government of Haryana, Agriculture Development and Director of Agriculture Department had called a meeting with high-level officials of various government departments at Panchkula. Officials at various levels attended the meeting and while they were returning in a Government vehicle, they was a collision with a truck belonging to private individual and insured with the New India Assurance Company Limited. Some persons died and several were seriously injured.

(3.) All the representatives have come by benefit of notification issued by the Haryana Government, General Administration Department dated 1.08.2006. The notification publishes the rules called the Haryana Compassionate Assistance to the Dependents of Deceased Government Employees Rules, 2006. The relevant rules are reproduced in so far as, they have a bearing to this case:

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NEW INDIA ASSURANCE CO LTD Vs. SANTOSH

Referred Judgements :-

JUDGEMENT

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