Family pension is not a pecuniary advantage related to accidental death and should not be deducted from compensation awarded under the Motor Vehicles Act.

JUDGMENT :

NEENA BANSAL KRISHNA, J.

1. An Appeal under Section 173 Motor Vehicle Act, 1988 has been filed by the Insurance Company to challenge the Award dated 24.01.2024, vide which the compensation in the sum of Rs. 13,36,140/- along with interest @ 7% per annum has been awarded to the Claimants Respondent No.1&2/wife and son on account of demise of Sh. M.R. Gupta, aged 80 years, in the road accident dated 21.11.2021.

2. The Appellant/Insurance Company has challenged the Impugned Award on the ground that only Non-Pecuniary Damages ought to have been granted to the legal heirs of the 80-year-old deceased and no compensation towards Loss of Dependency could have been paid as there was no evidence that the 80-year-old deceased was gainfully employed. Further, there was no loss of income, as the only dependent i.e. the wife is already getting family pension to the tune of Rs. 20,000/- p.m.

3. Submissions heard and record perused.

4. Briefly stated, on 21.11.2021, at about 12:01 P.M, when the Deceased was crossing the road near Madipur Police Chowki, Punjabi Bagh, the offending Vehicle bearing Registration No. DL 8SCW0855 driven at a high speed, in a rash and negligent manner by the Driver/Hritik/Respondent No.3, hit the deceased due to which he sustained grievous injuries. He was shifted to Sri Balaji Action hospital, Paschim Vihar where he died during the treatment.

5. FIR No. 990/2021 under Section 279/304A IPC, 1860 at P.S. Punjabi Bagh was registered against the driver/Hritik.

6. The Detailed Accident Report/Claim Petition was filed on 20.09.2022.

7. Vide the Impugned Award dated 24.01.2024 compensation in the sum of Rs. 13,36,140/- along with interest @ 7% per annum has been awarded to the Claimants i.e. the Wife and the son of the Deceased.

Loss of Dependency:

8. While calculating Compensation in such unfortunate cases, it must be borne in mind that while no amount of monetary compensation can replace a person, but the objective of granting compensation is to grant just and fair compensation so as to alleviate the financial crisis which may befall the legal heirs of the deceased and to place them in a position to ensure at least financial security. With this in mind, the compensation may be calculated in this case.

9. Admittedly, the deceased, Mr. M.R. Gupta, was a retired Superintendent from Government Boys Sr. Sec. School, Madipur, Delhi and on the date of accident, was getting a pension in the sum of Rs.41,737/- per month, as has been reflected in his Pension Account of the deceased Ex. PW-1/2 and Particulars of Service of Pensioner Ex. PW-1/3 (OSR). Furthermore, it is not disputed that even after the demise of Late Sh. M.R. Gupta, his wife/Smt. Usha, is getting the family pension in the sum of Rs.20,000/- per month.

10. The question however, for consideration is whether the Family pension being received by the wife, can be considered for calculating Loss of Dependency?

11. This aspect was considered in the case of Mrs. Helen C. Rebello & Ors. vs. Maharashtra State Road Transport Corpn. & Anr. AIR, 1998 SC 3191 wherein it was observed that while calculating the compensation on account of death, the pecuniary advantage accruing under the Act, had to be deciphered by co-relating it with the accidental death. The compensation payable under the Motor Vehicles Act is on account of the pecuniary loss to the claimant by accidental injury or death and not other forms of death. The pecuniary advantage cannot be interpreted and co-related to any other source/form of death such as natural death or death by suicide, serious illness, including even death by accident, through train, air flight not involving motor vehicle because the same would dilute all possible benefits conferred on the Claimant and would be contrary to the spirit of law. If the pecuniary advantage resulting from death was to include all forms of amounts whether by way of inheritance, succession or any other manner, then it could obliterate both, all possible conferment of econ