LAWS(P&H)-2019-2-339

ANKIT KUMAR AND ORS. Vs. RAJPAL AND ORS.

Decided On February 26, 2019
Ankit Kumar And Ors. Appellant
V/S
Rajpal And Ors. Respondents

JUDGEMENT

(1.) The award dtd. 23/1/2015 passed by the Motor Accidents Claims Tribunal, Yamunanager at Jagadhri, has been assailed by filing two appeals. One appeal is by the insurer of truck bearing registration No.HR58- A-0187 (hereinafter referred to as 'the offending vehicle') and another appeal by the legal heirs of Smt. Jigyasa, i.e., claimants.

(2.) The issue raised in the appeal filed by the insurer is that the deceased was a Haryana Government employee and was covered under the 'The Haryana Compassionate Assistance to the Dependents of Deceased Government Employees Rules 2006 (for brevity 'the Rules') but no deduction has been made by the Tribunal of the amount of financial assistance provided under the Rules. Reliance is placed upon the decision of Supreme Court in Reliance General Insurance Company Ltd. Versus Shashi Sharma and others, 2016 (12) JT 409.

(3.) In the appeal field by the claimants the grievance is that no future prospects have been awarded and the compensation under conventional head was not awarded as per the decision of the Supreme Court in National Insurance Company Limited Vs. Pranay Sethi and others (2017) AIR (SC) 5157.