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B. V. NAGARATHNA, AUGUSTINE GEORGE MASIH
Krishna – Appellant
Versus
Tek Chand – Respondent
ORDER :
We have heard learned counsel for the respective parties.
2. Petitioners’ counsel placed reliance on the judgment of this Court in the case of Helen C. Rebello (Mrs.) & Ors. v. Maharashtra State Road Transport Corporation and Anr. [(1999) 1 SCC 90] to contend that the monetary benefit received by the family of the deceased-employee under the provisions of the Motor Vehicles Act, 1988, cannot be reduced in terms of the amount received under Haryana Compassionate Assistance to Dependents of Deceased Government Employees, Rules, 2006 (“the Rules, 2006”, for short) in terms of the judgment in Reliance General Insurance Company Limited vs. Shashi Sharma [(2016) 9 SCC 627], since the payment made by the Employer-Department to the family of the deceased who died in harness is owing to death of the deceased during service and has no nexus to his death in a road traffic accident. Further, under the provisions of the Motor Vehicles Act, 1988, the compensation awarded is on proving negligence on the part of the offending driver. Therefore, the High Court fell in error in deducting the amount of Rs.31,37,665/- (Rupees Thirty One Lakhs, Thirty Seven Thousand, Six Hundred and Sixty Five on
Compensation under the Motor Vehicles Act cannot be reduced by amounts received under the Haryana Compassionate Assistance Rules, preventing double recovery for the same loss.
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....
Family pension is not a pecuniary advantage related to accidental death and should not be deducted from compensation awarded under the Motor Vehicles Act.
(1) Death in motor accident – Amounts received by dependants of deceased under employer-provided group insurance or other contractual or social security benefits cannot be treated as “pecuniary advan....
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
Compensation under the Haryana Rules must be fully deducted from Motor Vehicles Act claims, as established by precedent, ensuring no double recovery for dependents.
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