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SUDHANSHU DHULIA, K. VINOD CHANDRAN
New India Assurance Co. Ltd. – Appellant
Versus
Sunita Sharma – Respondent
JUDGMENT :
K. VINOD CHANDRAN, J.
1. Leave granted.
2. The sole question arising in the above case is as to how the compensation payable under the Haryana Compassionate Assistance to the Dependents of Deceased Government Employees Rules, 2006,1[For brevity ‘Rules of 2006’] has to be dealt with in computing the compensation under the Motor Vehicles Act, 1988.
3. We notice that in the present case, the High Court has deducted only 50% of the compensation under the Rules of 2006 from the amounts awarded in the Claim Petition under the Motor Vehicles Act. The learned counsel for the Insurance Company points out that despite noticing the decision in Reliance General Insurance Co. Ltd. v. Shashi Sharma, (2016) 9 SCC 627, the High Court has ignored the dictum and followed the Judgment of that High Court in Kamla Devi v. Sahib Singh & Ors., FAO No.3064 of 2013 and others – decided on 30.11.2017.
4. In the present case though, notice has been served on respondent, none appears. The learned counsel for the Insurance Company submits that the question arising is no longer res-integra, but the High Court is awarding compensation without deducting the compensation payable under the Rules of 2006. Reli
Compensation under the Haryana Rules must be fully deducted from Motor Vehicles Act claims, as established by precedent, ensuring no double recovery for dependents.
(1) Compensation – Deduction is permissible only to the extent that financial assistance overlaps with same pecuniary loss for which compensation is awarded under MVA, most notably loss of income.(2)....
Compensation under the Motor Vehicles Act cannot be reduced by amounts received under the Haryana Compassionate Assistance Rules, preventing double recovery for the same loss.
Compensation for loss of dependency must not deduct pension or personal expenses; future prospects should be included, with the correct multiplier applied.
Supreme Court had made it clear that loss of consortium cannot be only limited to spousal consortium but has also to be extended towards parental consortium and filial consortium.
Re-marriage of a widow does not negate her entitlement to compensation for loss due to her husband's death, as dependency includes emotional aspects beyond financial support.
The determination of just and adequate compensation under the Motor Vehicles Act, 1988 should consider the principles of fair and reasonable compensation, and the exclusion of double benefits to the ....
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