Delhi High Court
Oriental Insurance Company Ltd. vs Sujatasen & Ors on 16 December, 2016
$~43
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 16th December, 2016
+ MAC.APP. 773/2016 & CM No.35142/2016
ORIENTAL INSURANCE COMPANY LTD..... Appellant
Through: Mr. Ravi Sabharwal, Adv.
versus
SUJATASEN & ORS ..... Respondents
Through: Ms. Suman N. Rawat, Adv.
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT (ORAL)
1. The appellant has challenged the award of the Claims Tribunal
whereby compensation of Rs.10,15,360/- has been awarded to
respondents No.1 to 3.
2. The accident dated 01st August, 2014 resulted in the death of
Bimaleswar Sen. The deceased was aged 72 years at the time of
accident and was survived by his widow and two daughters who filed
the claim petition before the Claims Tribunal. The deceased was a
retired Government Servant drawing a pension of Rs.19,508/- per
month at the time of accident. The Claims Tribunal deducted 1/3rd
towards personal expenses of deceased and applied the multiplier of 5
to compute the loss of dependency at Rs.7,80,360/-. The Claims
Tribunal awarded Rs.1,00,000/- towards loss of love and affection,
Rs.1,00,000/- towards loss of consortium, Rs. 10,000/- towards loss of
estate and Rs.25,000/- towards funeral expenses. The total
compensation awarded by the Claims Tribunal is Rs.10,15,360/-.
3. Learned counsel for the appellant urged at the time of the
hearing that appellant No.1 is getting the family pension of Rs.9,000/-
which should be deducted while computing the compensation.
Reliance is placed on Oriental Insurance Co. Ltd. v. Pushpa Devi
2016 SCC Online Del 2201.
4. Learned counsel for respondents No.1 to 3 submits that the
family pension cannot be deducted while computing the
compensation. Reliance is placed on Reliance General Insurance Co.
Ltd. v. Shashi Sharma (2016) 9 SCC 627.
5. The law on the above issue is well settled that the family
pension received by the family cannot be deducted while computing
the compensation for accidental death. The relevant judgments in this
regard are as under:
(i) In Helen C. Rebello v. Maharashtra SRTC, AIR 1998 SC
3191, the Supreme Court specifically dealt with this question
and said that the family pension is earned by an employee for
the benefit of his family in the form of his contribution in the
service in terms of the service conditions receivable by the heirs
after his death. 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 paid to the family
cannot be deducted while calculating the compensation awarded
to the claimants.
(ii) In Lal Dei v. Himachal Road Transport, (2007) 8 SCC 319, the
Supreme Court reiterated the principles laid down in Helen C.
Rebello v. Maharashtra SRTC (supra) and the deduction of
family pension was set aside.
(iii) In Reliance General Insurance Co. Ltd. v. Shashi Sharma
(2016) 9 SCC 627, the Supreme Court held that the benefits
extended to the dependants of the deceased including family
pension, life insurance, provident fund, etc cannot be deducted
for computing the compensation.
(iv) In Delhi Transport Corporation v. Meena Chaturvedi, 2005
(83) DRJ 309(FB), the Full Bench of this Court held that no
deductions can be made from the compensation amount on
account of insurance, provident fund, pension etc.
(v) Similar view has been taken by this Court in National
Insurance Co. Ltd. v. Neelam, 2009 ACJ 992, Oriental
Insurance Co. Ltd. v. Akbari Begum, MAC.APP.401/2007
dated 7th April, 2010 and National Insurance Co. v. Hem Lata
Devi, 2013 SCC OnLine Del 1650.
6. This case is squarely covered by the principles laid down by
Supreme Court.
7. There is no merit in the appeal. The appeal is, therefore,
dismissed.
8. The appellant has deposited the entire award amount with UCO
Bank, Delhi High Court Branch in terms of the order dated 23 rd
September, 2016 which has been disbursed to respondents No.1 to 3
on 11th November, 2016.
9. Copy of this judgement be given dasti to learned counsels for
the parties.
J.R. MIDHA, J.
DECEMBER 16, 2016
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