Court No. - 26
Case :- FIRST APPEAL FROM ORDER No. - 3578 of 2012
Appellant :- The Oriental Insurance Company Ltd. Respondent :- Smt. Shanti Devi And Others Counsel for Appellant :- Arun Kumar Shukla
Counsel for Respondent :- Dhirendra Singh,S.C. Kesarwani
Hon'ble Saral Srivastava,J.
Heard learned counsel for the parties.
The present appeal has been preferred by the appellant- insurance company challenging the judgment and award dated 11.11.2011 passed by the Motor Accident Claims Tribunal/Additional District Judge (Ex-Cadre), Court No.23, Allahabad in M.A.C.P. No. 574 of 2010 whereby, the Tribunal has awarded Rs.10,73,892/- as compensation to the claimants/respondents.
Learned counsel for the appellant has contended that deceased was a government employee and the dependent of deceased namely, Smt. Shanti Devi has been granted family pension and the son of the deceased has also got employment under dying- in-harness rules. He further submits that Tribunal ought to have deducted the family pension which the wife of the deceased received on account of the death of deceased and further the Tribunal should also have considered the fact that the son of the deceased has also got employment under the dying-in-harness rules. On the strength of the aforesaid submissions, learned counsel for the appellant has contended that the compensation awarded by the Tribunal is excessive.
Per contra, learned counsel for the claimants/respondents submits that Apex Court in the case of Vimal Kanwar and Others Vs. Kishore Dan and others, 2013(3) TAC 6 (SC) has held that the family pension is one of the components of the service and is not liable to be deducted for the purpose of computing the compensation.
I have considered the rival submissions of the parties and perused the record.
The submission advanced by the learned counsel for the appellant has no substance in view of the judgment of Apex Court in the case of Vimal Kanwar and Others (supra).
Thus, for the reasons given above, the appeal lacks merit and is accordingly, dismissed. There shall be no order as to costs.
Order Date :- 21.12.2018 Sattyarth