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RAJNESH OSWAL
New India Assurance Co. Ltd. – Appellant
Versus
Balbir Kour – Respondent
JUDGEMENT
1. This appeal is directed against the award dated 23.08.2021 passed by the Motor Accidents Claims Tribunal, Jammu (for short 'the Tribunal') in file No. 299/Claim, titled, “Balbir Kour and others vs. New India Assurance Co. Ltd. and others”, whereby the learned Tribunal has awarded the compensation for an amount of Rs. 11,52,500/- in favour of the respondent Nos. 1 to 3 alongwith interest at the rate of 7.5% per annum from the date of institution of this claim petition till realization of the award amount.
2. The award has been impugned by the appellant/Insurance Company on the ground that the deceased had retired from the Border Security Force as a Sub-Inspector and after his demise, the family pension received by respondent No. 1 was more than what the deceased used to draw and as such, there was no pecuniary loss to respondent No. 1. It is also stated that respondent Nos. 1 to 3 had miserably failed to place on record the proof of employment of the deceased with the GVR Infra Projects Co. Ltd. and as such, the income of the deceased allegedly earned as salary form M/S GVR Infra Projects Co. Ltd. could not have been considered while passing the award impugned.
3. Mr. Amri
Compensation under the Motor Vehicle Act addresses pecuniary losses due to death, independent of pensions, emphasizing appropriate evidence and loss assessment.
The pension drawn by the deceased can form the basis for the determination of compensation for loss of dependency.
Pension income constitutes a loss in dependency claims and must be compensated irrespective of family pension received by heirs.
The main legal point established in the judgment is the determination of 'just compensation' under the Motor Vehicles Act, 1988, and the clarification that pensionary benefits, family pension, and ot....
The court established that multiplier for compensation depends on the accurate assessment of the deceased's age and clarified that family pension cannot be included as income for loss of dependency.
Family pension is not a pecuniary advantage related to accidental death and should not be deducted from compensation awarded under the Motor Vehicles Act.
The main legal point established in the judgment is that claimants are entitled to just compensation under the Motor Vehicles Act, and any pecuniary advantage accrued to the deceased should not be de....
Legal representatives, including major children, are entitled to claim compensation regardless of dependency; the Tribunal erred in limiting the compensation amount based on dependency status.
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