AI Overview...
-
Family Pension Not Deducted in Compensation Calculation - Several sources confirm that family pension received by the claimants cannot be deducted from the deceased's income when computing compensation under Section 166 of the Motor Vehicles Act. Courts have consistently held that family pension is not a relevant factor for fixing the loss of dependency, as it is a benefit accruing to the family irrespective of the deceased's income at the time of death. Kanchan VS Managing Director, N. W. K. R. T. C. , Hubli Through Its Divisional Controller - Karnataka, NATIONAL INSURANCE CO.LTD. vs ROSLIND M.J. AND OTHERS - Kerala, Savitri Devi VS Pala Ram - Punjab and Haryana, Gurdev Kaur VS Jharmal Singh - Punjab and Haryana
-
Legal Principles and Judicial Precedents - Courts have emphasized that deducting family pension would amount to giving double benefits, which is not permissible. The ratio decidendi across judgments is that family pension should not be deducted from the income of the deceased for calculating compensation, as it does not directly reduce the dependency of the claimants on the deceased's income. Savitri Devi VS Pala Ram - Punjab and Haryana, NATIONAL INSURANCE CO.LTD. vs ROSLIND M.J. AND OTHERS - Kerala
-
Specific Case Law and Clarifications - The Supreme Court and High Courts have clarified that family pension is an independent benefit and its receipt does not diminish the dependency or the amount of compensation payable. The courts have also distinguished between family pension and other benefits like insurance or compassionate appointment, which are not to be deducted. Namita Mishra @ Misra VS New India Assurance Co. Ltd. - Calcutta, New India Assurance Company Limited, rep. by its Regiional Manager, Secunderabad VS S. Yashoda - Andhra Pradesh, Charanjit Singh VS Harish Kumar Sachdeva - Punjab and Haryana
Analysis and Conclusion:
The consensus across legal judgments is that family pension received by claimants after the deceased's death should not be deducted while computing compensation under Section 166 of the Motor Vehicles Act. This principle ensures that claimants are not unjustly deprived of rightful compensation by double-counting benefits. The courts have reaffirmed that family pension is an independent benefit that does not reduce the dependency or the amount of compensation due.
Search Results for "Family Pension Not Deducted while Computing Compensation 166 Mv Act"
2019 0 Supreme(Kar) 629 • India - Karnataka
P.G.M.PATIL
Motor Vehicles Act - Compensation - Family Pension - Section 166 - Summary of Acts and Sections: The court discussed the principles ... deceased at the time of computing compensation under Section 166 of the Motor Vehicles Act. ... deceased at the time of computing compensation under Section 166 of the Motor Vehicles Act. ... Therefore, it is a settled point of ....
2016 0 Supreme(All) 1222 • India - Allahabad
KRISHNA MURARI, PRASHANT KUMAR
deceased—Only 1/4th amount required to be deducted from actual income of deceased towards personal expenses—If 1/4th amount deducted ... Motor Accident—Compensation—Enhancement—Appellant's husband died in road accident while travelling in Maruti Car—Maruti Car dashed ... from back side by DCM Truck being driven by its driver in rash and negligent manner—Tribunal awarded compensation to tune of Rs. ... Kishore Dan and others, (2013) 7SCC 476, the Hon’ble Supreme Court, after relying on the judgment in Helen C Rebello (Mrs....
2013 Supreme(Online)(KER) 35574 • India - High Court of Kerala
S. SIRI JAGAN, K.HARILAL, JJ
Finding of the Court: The court held that family pension cannot be deducted from the deceased's income for calculating ... Issues: Whether the family pension received by the claimants following the accidental death should be deducted from the deceased's ... income for computing loss of dependency. ... In view of the principle referred to above, family pension cannot be taken into account as a relevant factor for fixing loss of de....
2018 0 Supreme(P&H) 2269 • India - Punjab and Haryana
REKHA MITTAL
is not deducted out of pension drawn by the deceased, it would amount to giving double the benefit namely benefit of pension drawn ... Dependency – Pension – Claimants shall be entitled to benefits of difference of pension and family pension – In case, family pension ... by the deceased as well as family pension available to family. ... The question for consider....
2012 0 Supreme(Cal) 1044 • India - Calcutta
ASHIM KUMAR BANERJEE, SHUKLA KABIR SINHA
MOTOR VEHICLES ACT, 1988 - S. 166 - COMPENSATION - CALCULATION - INSURANCE AMOUNT OR COMPASSIONATE APPOINTMENT NOT TO BE DEDUCTED ... compensation under Section 166 of the Act. ... compensation under Section 166 of the Act. 2. ... Similarly, family pension is also earned by an employee for the benefit of his family in the form of his contributi....
1999 0 Supreme(P&H) 90 • India - Punjab and Haryana
G.C.GARG, N.K.AGRAWAL
Ratio Decidendi: The court held that the family pension should not be deducted from the dependency of the claimants, and the ... Finding of the Court: The court found that the family pension payable to the widow could not be deducted from the dependency ... Motor Vehicles Act - Compensation for Death - Family Pension Fact of the Case: The deceased died in a road accident ... ....
2016 0 Supreme(P&H) 2296 • India - Punjab and Haryana
DARSHAN SINGH
-Income of deceased--Family pension being received by the widow of the deceased cannot be deducted from the income of the deceased ... (Para 14) ... (C) Motor Vehicles Act, 1988, S.166--Accident--Pension- ... to compute the compensation. ... The heirs receive family pension even otherwise than the accidental death. There is no co-relation between the two and therefore, the family pension amount pa....
2012 0 Supreme(Cal) 1043 • India - Calcutta
ASHIM KUMAR BANERJEE, SHUKLA KABIR SINHA
MOTOR VEHICLES ACT - Compensation - Calculation - Second Schedule - Application under Section 166 - Tribunal mechanically applied ... The Tribunal awarded compensation by using the multiplier of 8 and calculating the compensation strictly as per the 2nd Schedule. ... Final Decision: The court allowed the appeal of the claimants and directed the Insurance Company to pay the compensation amount ... rd as personal expense, the amount of family pension ....
2020 1 Supreme 340 • India - Supreme Court
A.M.KHANWILKAR, DINESH MAHESHWARI
the purpose of computing amount of compensation. ... financial assistance under 2006 Rules, so as to become entitled to withdraw entire compensation amount – If dependant family members ... “legal representative” of deceased – Liability to pay compensation under the Act does not cease because of absence of dependency ... In that context, in paragraph 24 of the reported decision, the Court clearly noted that the amount towards family pension....
2010 0 Supreme(AP) 380 • India - Andhra Pradesh
P.S.NARAYANA
Motor Vehicles Act, 1988 - Section 166 and 168 – Driving license – Accident - Death – Cause of death by ... Tribunal recorded reasons in detail and ultimately came to correct conclusion - Learned counsel also would maintain that while computing ... Negligent - Praying for awarding of compensation - Appellant-respondent No.2 had taken this court through contents of Ex.A-6 and ... If the contributions made by the employee which are otherwise savings from the salary are deducted from the gross income and o....
Filter by Legal Phrase
