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2012 Supreme(P&H) 1646

A.K.Sikri, Rakesh Kumar Jain
Reliance General Insurance Company – Appellant
Versus
Purnima – Respondent


Advocates:
For the Appellant in FAO-1322-2010:Mr. Subhash Goyal, Advocate.
For the Appellant in FAO-1407-2010:Mr. L.M. Suri, Senior Advocate with Mr. Neeraj Khanna, Advocate.
For the Appellant in FAO-1326-2010:Mr. Ashwani Talwar, Advocate.
For the Appellants in FAO-3520-2010:Mr. Ashit Malik, Advocate.
For the Respondents No.5 & 6 in FAO-1326-2010:Mr. Manav Bajaj, Advocate for Mr. Sumeet Goel, Advocate.
For the Respondent in FAO-3520-2010:Ms. Vandana Malhotra, Advocate for Reliance General Insurance Company.

JUDGMENT

Mr. A.K. Sikri, C.J.: - These five appeals are placed for the decision of the Division Bench by the learned Single Judge vide orders dated July 23, 2012. The said self-speaking order of the learned Single Judge discloses the necessity of hearing cases by the Division Bench and, therefore, we would like to reproduce that order in its entirety:-

“Out of these bunch cases of five appeals, two have been preferred by claimants seeking enhancement of compensation and others by insurance company impugning the award on the ground that compensation granted is on the higher side. Learned counsel for the parties submit that two coordinate benches of this court have taken two different views in the matter. In the judgment reported as New India Assurance Co. Ltd. vs. Smt. Santosh & others, [2011(1) Law Herald (Acc.) 387] : 2010 (4) PLR 780, it has been held that the amount of compensation received from the government under the Haryana Compassionate Assistance to the Dependents of Deceased Government Employees Rules, 2006, would be deducted from the total compensation determined. Operative part of the said judgment being as under:-

“…I would, therefore, take the actual benefit, which ob

















































































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