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ANUBHA RAWAT CHOUDHARY
Gayitri Devi wife of late Onkar Nath Bhagat – Appellant
Versus
Election Commission of India – Respondent
JUDGMENT :
These two appeals arising out of judgment and Award dated 08.03.2016 passed by the learned District Judge cum Motor Vehicle Accident Claim Tribunal, Court No. 1, Giridih in Title (M.V.) Claim Case No. 46 of 2009.
M.A. No. 639 of 2016
2. Learned counsel appearing on behalf of the State while assailing the impugned Award has submitted that the State was debarred from filing written statement, but the Insurance company in its written statement had specifically taken a plea that the ex-gratia amount of Rs. 10 lakhs was required to be adjusted against the compensation amount. He submits that even when the vehicle was requisitioned for the purposes of election, the liability of the Insurance Company continued even after the judgement passed by Hon'ble Supreme Court reported in (2008) 1 SCC 414 (National Insurance Co. Ltd. Vs. Deepa Devi and others). However, during the course of arguments, the learned counsel for the appellant has not been able to distinguish the judgment of the Hon'ble Supreme Court in the case reported in Deepa Devi (supra).
3. The learned counsel has also relied upon the judgment passed by the Hon'ble Supreme Court reported in (2016) 9 SCC 627 (Reliance General
Ex-gratia payments cannot be deducted from compensation under the Motor Vehicles Act, and the State is liable for compensation when a vehicle is requisitioned for election duty.
The main legal point established in the judgment is that only payments co-related to the death of the deceased in a motor accident can be deducted from the compensation payable under the Motor Vehicl....
The judgment emphasizes that income tax deductions must be based on actual tax paid and ex gratia amounts cannot be deducted from compensation unless stipulated by law.
The court established that ex gratia compensation under the notification dated 15.11.2014 is limited to incidents involving extremist or terrorist violence, and not all accidents qualify for such com....
The court established that ex-gratia payments are voluntary and distinct from mandatory compensation under the Motor Vehicles Act, which is based on liability.
Ex gratia payments are voluntary and distinct from mandatory compensation under the Motor Vehicles Act, thus not subject to deductions.
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....
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