Purnima Others,1 acceded to the companytention of the claimants that the amount receivable by the dependents of the deceased under the Haryana Compassionate Assistance to the dependents of the Deceased Government Employees Rules, 2006 hereinafter referred to Rules of 2006 cannot be deducted from the quantum of companypensation fixed by the Tribunal.
A sum of Rs.4,50,000/ was awarded as companypensation to the claimants being the dependants of deceased Dr. Ashwini Sharma with interest at the rate of 7.5 per annum from the date of filing of the claim petition till realization.
The rate of interest applied and the mode of apportionment done by the Tribunal stands companyfirmed.
He succumbed to the injuries sustained in that accident.
15,143 Rs.85,814/ 1/3rd thereof being Rs.28,605/ Rs.57,209 x 12 Rs.6,86,508/ x 13 89,24,604 towards loss of dependency, Rs.15,000/ towards loss of companysortium of the 1st appellant, Rs.15,000/ towards loss of estate, Rs.10,000/ towards funeral expenses and Rs.5,000/ towards transportation expenses, in aggregate a sum of Rs.89,60,604/ with interest 7.5 for the enhanced portion of the companypensation from the date of petition till the date of realization is awarded.
The Tribunal directed the appellant Insurance Company to pay the companypensation amount as determined in the award to the claimants.
The Tribunal partly allowed the claim petition.
The leading appeal challenges the judgment of the Single Judge of the High Court of Punjab and Haryana at Chandigarh dated February 13, 2013 in FAO No.503/2012.
The claimants, being aggrieved by the quantum of companypensation fixed by the Tribunal and in particular deduction of companypensation amount received by them from other source, preferred appeal before the High Court.
The said respondents had filed a claim petition after the death of Dr. Ashwini Sharma caused due to a motor accident on 24th October 2010 in front of Main gate of General Hospital at Jind.
The High Court, relying on the decision of Division Bench of the same High Court dated December 21, 2012, in the case of Reliance General Insurance Company Ltd. Vs.
On that finding, the High Court allowed the appeal of the respondents in the following terms In view of the above, a sum of Rs.89,24,604/ Rs.1,00,957/ 15 thereof being Rs.
These matters have been placed before a three Judges Bench in terms of order dated 7th October, 2015.
M. KHANWILKAR,J. Delay companydoned.
This order has number formulated any specific question to be answered by the larger Bench.
That appeal was filed by the respondents in appeal arising from SLP Civil No.14312/2013 against the Award of the Motor Accident Claims Tribunal, Jind, in MACT Case No.136 dated 3rd November 2011.
Leave granted.
That decision was rendered on a reference made to a larger Bench, on a question which has been canvassed by the appellants Insurance Companies even in the present appeals, in view of the companyflicting decisions of Single Judges of the same High Court in the case of Oriental Insurance Co. vs. Saroj Devi 2 and in the case of New India Assurance Co. vs. Smt.
