The family pension should not be deducted while calculating the compensation awarded to the claimants.

ORDER

1. We have heard counsel for the parties.

2. Leave granted.

3. The wife and children of the deceased Narain Singh filed the claim petition before the Motor Accidents Claims Tribunal for his death in a bus accident. The Motor Accidents Claims Tribunal was pleased to allow the petition of the petitioners and awarded Rs 7,96,280 with interest at the rate of 9% per annum from the date of filing of the petition to the claimants. While awarding the compensation, the Motor Accidents Claims Tribunal has taken into consideration the family pension given to the family while calculating the amount of compensation. The Motor Accidents Claims Tribunal has deducted the family pension amount from the dependency of the claimants. Both the parties have preferred an appeal and the cross-objection in the High Court. The award made by the Motor Accidents Claims Tribunal with interest was upheld by the High Court and cross-objection was dismissed. Against the said order of the High Court, the present special leave petition was filed.

4. It is contended by the learned counsel for the appellant that while calculating the dependency, the Motor Accidents Claims Tribunal as well as the High Court committed an error in deducting the family pension amount. We find that the submission made by the counsel for the appellant is correct. The Motor Accidents Claims Tribunal as well as the High Court could not have deducted the amount of family pension given to the family while calculating the dependency of the claimants. In Helen C. Rebello v. Maharashtra SRTCI this Court has specifically dealt with this question and said that the family pension is earned by an employee for the benefit of his family in the form of his contribution in the service in terms of the service conditions receivable by the heirs after his death. The heirs receive family pension even otherwise than the accidental death. There is no co-relation between the two and therefore, the family pension amount paid to the family cannot be deducted while calculating the compensation awarded to the claimants. In view of this, the appeal is allowed. The order of deduction of the family pension is set aside. Accordingly, the appellants would be entitled for an amount of Rs 10,27,000 as compensation with interest at the rate of 9% from the date of the filing of the petition.

5. With the aforesaid modification, this appeal is allowed.