R. V. RAVEENDRAN, J.

( 1 ) THE following questions are referred by a Division Bench of this Court for consideration: ( 1) Whether the family pension is liable to be deducted out of the compensation determined in the case? (2) Whether in view of the decision of the Supreme Court in N. SIVAMMAL AND OTHERS vs. THE MANAGING DIRECTOR, PANDIAN ROADWAYS CORPORATION AND ANOTHER, air 1985 SC 106 the view taken by this Court in SMT. SHANTHA @ SHANTABAI annappa GADIVADDAR AND OTHERS vs. CHANNABASAPPA DYAMAPPA gadadavar AND ANOTHER M. F. A. No. 457/1993 : 1993 ACJ 850 is correct?

( 2 ) THE facts leading to the reference are:

2. 1. In regard to the death of one Basavaraj in a motor accident on the midnight of 8/9. 4. 1983, his wife and children filed a claim petition. The Tribunal found that the deceased was an employee of Karnataka Electricity Board getting a salary of Rs. 1,300/ -. The Tribunal determined the loss of dependency to the family as Rs. 900/ per month. Due to his death, his wife is getting family pension of Rs. 440/- per month. The Tribunal held relying on the decision of a division Bench of this Court in DEPUTY GENERAL MANAGER, KSRTC vs. SAROJAMMA 1981 (1) Kar.. 528, that the fa

Click Here to Read the rest of this document