GANGA BHATTACHARYA Vs. CHANDRA SHEKHAR SRIRAMKA

JUDGEMENT

(1.) The present appeal has been preferred against the judgment and award dated 30.09.2010 passed by the District Judge-cum-M. A.C.T Godda, in M.A.C.T Case No.71/2007.

(2.) Learned counsel for the appellants has impugned the award on the ground that the court below has committed error in assessing the compensation by deducting the salary received on the basis of compassionate appointment of the claimant wife. Learned counsel has relied on the decision in the case of Reliance General Insurance Co. Ltd. v. Shashi Sharma & Ors. (AIR 2016 SC 4465) and argued that the benefits received on the basis of compassionate appointment cannot be deducted from the compensation amount payable under the Motor Vehicles Act, 1988. It is submitted that the deceased was earning a salary of Rs. 19,624.35 as calculated by the court below but the Tribunal has assessed the compensation on the basis of the salary of the claimant wife who was given compassionate appointment due to death in harness of the deceased.

(3.) Learned counsel appearing on behalf of United India Insurance Co. Ltd. has submitted that the decision relied on by learned counsel for the appellants is not applicable to the facts of the present case as in the said case, the benefits which were not liable to be deducted was with regard to family pension, L.I.C and Provident Fund. That there is no finding with regard to non deduction of the benefit on account of compassionate appointment. It is urged that the impugned judgment and award does not suffer from any illegality or infirmity.