Reliance General Insurance Company Limited vs Kanika

Q: Key Points

Final Decision of the Court: Appeals allowed. The Order in Review dated 15th October 2024 is set aside, and the Main Order dated 18th September 2019 is restored. (!) [8] The amount received by the claimant-respondents under the Haryana Compassionate Assistance to Dependents of Deceased Government Employees Rules, 2006, is to be deducted from the compensation awarded as modified by the Main Order. (!) [8] The rate of interest awarded by the Tribunal remains unchanged, payable from the date of institution of the claim petition. (!) [8] Claimant-respondents are directed to file an affidavit before the Tribunal indicating the sum received under the 2006 Rules (if any), enabling the Tribunal to make suitable orders for disbursal. Upon such order, the sum shall be released to the claimant-respondents within six weeks. If no amount is received or receivable under the 2006 Rules, claimants are entitled to the entire amount per the Main Order. (!) [8] Details of the claimant-respondents' bank account to be supplied to the appellant by respective counsel before the Tribunal on 27th February 2026. (!) [8] A copy of the judgment to be sent to the Registrar General of the Punjab and Haryana High Court for compliance. (!) (!) Pending applications stand closed; no order as to costs. (!) (!)

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(SC) 203

SANJAY KAROL, AUGUSTINE GEORGE MASIH
Reliance General Insurance Company Limited – Appellant
Versus
Kanika – Respondent

Advocates appeared:
For the Petitioner(s): Mr. Atul Nanda, Sr. Adv. Mr. Kshitij Mittal, Ad. Mr. Abhyuday Singh, Adv. Mr. Mukesh Kumar, AOR
For the Respondent(s): Mr. Aditya Singh, AOR Mr. Shubham Singh, Adv. Mr. Kamal Kishor, Adv. Mr. Vaseem, Adv.

Judgement Key Points

Final Decision of the Court: Appeals allowed. The Order in Review dated 15th October 2024 is set aside, and the Main Order dated 18th September 2019 is restored. (!) [8]

The amount received by the claimant-respondents under the Haryana Compassionate Assistance to Dependents of Deceased Government Employees Rules, 2006, is to be deducted from the compensation awarded as modified by the Main Order. (!) [8]

The rate of interest awarded by the Tribunal remains unchanged, payable from the date of institution of the claim petition. (!) [8]

Claimant-respondents are directed to file an affidavit before the Tribunal indicating the sum received under the 2006 Rules (if any), enabling the Tribunal to make suitable orders for disbursal. Upon such order, the sum shall be released to the claimant-respondents within six weeks. If no amount is received or receivable under the 2006 Rules, claimants are entitled to the entire amount per the Main Order. (!) [8]

Details of the claimant-respondents' bank account to be supplied to the appellant by respective counsel before the Tribunal on 27th February 2026. (!) [8]

A copy of the judgment to be sent to the Registrar General of the Punjab and Haryana High Court for compliance. (!) (!)

Pending applications stand closed; no order as to costs. (!) (!)

Table of Content
1. facts surrounding the accident and initial compensation. (Para 3 , 4)
2. arguments regarding deduction of compensation. (Para 5)
3. court analysis of previous rulings related to deductions. (Para 6)
4. procedural limits on modifying compensation orders. (Para 7)
5. final order on compensation adjustments. (Para 8)

JUDGMENT :

Leave Granted.

3. The facts as necessary for disposal of the appeal are: On 2nd November 2009, a motorcycle being driven by Ravinder Kumar, carrying two pillion riders, Smt. Hom Devi and Kanika respondent no.1 herein collided with a jeep, on account of the latter’s rash and negligent driving. Smt. Hom Devi passed away and the other two people on the motorcycle received multiple injuries. The deceased was employed as MPHW in PHC Chhara at Village Daboda, drawing a salary of Rs. 21805 per month. Respondent no.1 herein along with her two brothers, filed a claim petition before the Motor Accidents Claims Tribunal, Rohtak which was allowed in terms of order dated 9th October 2010. The amount awarded was Rs.8,80,000/- @7.5% interest per annum, to be borne by respondents, jointly and severally.

“Considering the submissions made, as noted above, the order d

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