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SUBHASH CHAND
Shriram General Insurance Co. Ltd. – Appellant
Versus
Kavita, W/o Late Balram Mahato – Respondent
JUDGMENT :
1. The instant Miscellaneous Appeal has been preferred against the award dated 28.11.2016 passed by the learned District Judge-III-cum-M.A.C.T., Dhanbad in Title (M.V.) Suit No. 107 of 2014, whereby the learned Tribunal has directed the appellant-Insurance Company to pay the compensation amount of Rs.1,14,52,460/- to the claimants with simple interest @ 7% per annum from the date of filing of the claim application till the realization of the amount of compensation. It is further directed to pay the compensation amount including the interest to the plaintiffs/ claimants within 60 days from the date of the order, failing which, the claimants will be at liberty to realize the same through the process of Court and the interest 9% per annum shall be deducted after expiry of 60 days. It is further directed that the aforesaid amount as awarded, seventy five percent of the awarded amount shall be kept in joint name of the claimants under fixed deposit scheme for the term of five years in a Nationalized Bank and remaining twenty five percent of the awarded amount be kept in joint name of the claimants in saving account.
2. The brief facts leading to this miscellaneous appeal are th
The renewal commission received by the claimant after the death of the deceased is hereditary and not deductible from the compensation awarded for accidental death.
Deduction can be ordered only where the tortfeasor satisfies the court that the amount has accrued to the claimants only on account of death of the deceased in a motor vehicle accident
The tortfeasor's liability for compensation remains despite the claimant's receipt of medical expenses from a mediclaim policy.
Compensation under the Motor Vehicles Act should not deduct benefits like family pension, which are separate from statutory compensation, and contributory negligence was established based on availabl....
Insurance benefits cannot be deducted from compensation as they are collateral benefits unrelated to the accident, reaffirming the principle of just compensation under the Motor Vehicles Act.
Negligence in fatal motor accidents must be established on preponderance of probabilities; compensation can be awarded beyond the claimed amount to ensure just and reasonable recompense for claimants....
In motor vehicle accident claims, liability determined based on preponderance of probabilities; unrelated benefits received by claimants do not reduce compensation for wrongful death.
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