AO/690/2017
2023 Latest Caselaw 1689 UK

             Office Notes, reports,
             orders or proceedings
SL.
      Date     or directions and                   COURT'S OR JUDGES'S ORDERS
No
             Registrar's order with
                  Signatures
                                      AO No. 690 of 2017
                                      Hon'ble Vivek Bharti Sharma, J.

Mr. V. K. Kohli, Senior Counsel assisted by Mr. I. P. Kohli, counsel for the appellant.

2. Mr. Jitendra Chaudhary, counsel for the claimants/respondents.

3. Learned counsel for the appellant would submit that the respondent no. 1/claimant had got the employment on compassionate ground due to the death of her husband in the accident and now she was not only gainfully employed rather she was getting more salary than her deceased husband and this fact has not been appreciated by the Motor Accident Claim Tribunal while passing the impugned award.

4. He would cite three judgments of Hon'ble Supreme Court in the cases of Bhakra Beas Management Board vs. Kanta Agarwal and Others, 2008 (3) TAC 661 (S.C.), United India Insurance Co. Ltd vs. Patricia Jean Mahajan and Others, 2002 (6) SCC 281 and Vimal Kanwar and Others vs. Kishore Dan and Others reported in 2013 (3) TAC 6 (S.C.).

5. Per contra, counsel for the respondents/claimants would submit that the salary received by wife cannot be deducted from the amount of compensation. In support of his contention, he relied upon a judgment of Hon'ble Supreme Court in the case of National Insurance Co. Ltd. vs. Rekhaben & Others, however, he would admit that the judgement cited by the counsel for the appellant has not been seen by him. Thus, he seeks time to apprise himself about the latest position of law on that point and place it before the Court on the next date fixed.

6. Not objected to by the counsel for the appellant.

7. Request is allowed.

8. List this matter on 26.07.2023.

(Vivek Bharti Sharma, J.) 20.06.2023 Akash