Court No. - 27
Case :- FIRST APPEAL FROM ORDER No. - 1942 of 2012 Appellant :- The Oriental Insurance Co. Ltd. Respondent :- Smt. Sunita Sharma And Others Counsel for Appellant :- S.K. Kakkar,Sumit Kakkar
Hon'ble Saral Srivastava,J.
Heard Sri Sumit Kakkar, learned counsel for the appellant.
The present appeal has been filed by the insurance company challenging the order of the Motor Accident Claims Tribunal/District Judge, Budaun dated 03.02.2012, whereby the Tribunal has awarded Rs. 10,81,000/- along with 6% interest to the claimants-respondents.
In the instant appeal, counsel for the insurance company has assailed the finding of the Tribunal only on the issue of quantification of compensation.
He submits that the deceased was a teacher and after his death, the wife of the deceased, i.e., claimant-respondent no. 1 is getting family pension and one daughter of the deceased has got compassionate appointment under dying-in-harness rules. The submission is that the Tribunal while computing the compensation has failed to consider that the family pension paid to the family and compassionate appointment given to the daughter of the deceased should have been considered, and accordingly, the compensation should have been reduced by the Tribunal in computing the compensation.
Be that as it may, the submission of the counsel for the appellant has no substance in view of the judgment of the Apex Court in the case of Vimal Kanwar & Others Vs. Kishore Dan & Others AIR 2013 Supreme Court 3830, wherein the Apex Court has held that the family pension and compassionate appointment to the dependent of the deceased employee is an incidence of service and is not liable to be deducted for awarding compensation to the claimants which they are entitled under the Motor Vehicles Act.
For the reasons given above, the appeal is devoid of merit and is, accordingly, dismissed. There shall be no order as to costs.
Order Date :- 22.1.2019 Ishan