FAO -307-2014 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO -307-2014 (O&M) (MACT petition no.2 of 2011) Date of decision:20.1.2014 Reliance General Insurance Co. Ltd. ....Appellant Versus Kamlesh and others ...Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Suman Jain, Advocate for the appellant ***** Jitendra Chauhan, J.
1. The present appeal has been filed by the Insurance Company, challenging the impugned Award dated 17.10.2013, passed by the learned Motor Accident Claims Tribunal, Kurukshetra (for short 'the Tribunal'), vide which, a sum of Rs.45,16,748/- has been awarded, as compensation, to the claimants and the appellant being the insurer of the offending vehicle alongwith the owner and the driver has been held liable to pay the compensation jointly and severally.
2. Learned counsel for the appellant contends that the deceased was a Government employee, therefore, the financial Shanker Gauri 2014.02.05 17:04 I attest to the accuracy and integrity of this document High Court Chandigarh FAO -307-2014 (O&M) 2 assistance granted to the claimants by the State Government may be deducted from the total compensation.
3. I have heard the learned counsel for the appellant and perused the case file.
4. There is no dispute with regard to the death of Randhir Singh, in a motor vehicular accident occurred on 11.12.2010. He was working as Lecturer, in Education Department, Haryana Government. This Court has already decided the issue with regard to the deduction of the financial assistance granted by the State Government in Oriental Insurance Co. Ltd. vs. Saroj Devi and others, FAO589of 2010, decided on 21.12.2011, which reads as under:- “I would also like to draw support from the observations of the Hon’ble Supreme Court in Helen C. Rebello’s case (supra) made in para 34 of its judgment, which has also been reproduced and referred to by the Hon’ble Supreme Court in the judgment delivered in BBMB vs. Kanta Aggarwal. In Para 34 Helen C. Rebello’s case (supra), the Hon’ble Supreme Court observes as under: “How can an amount of loss and gain of one contract be made applicable to the loss and gain of another contract. Similarly, how an Shanker Gauri 2014.02.05 17:04 I attest to the accuracy and integrity of this document High Court Chandigarh FAO -307-2014 (O&M) 3 amount receivable under a statute has any correlation with an amount earned by an individual.”
. In the line of reasoning adopted by the Hon’ble Supreme Court, this Court declares that the Insurance Companies cannot get their liability excused or reduced because the deceased’s family is also entitled to financial assistance from an alternative source which is accruing only by reason of the death of the deceased and not because he died in a motor vehicle accident. Drawing an analogy from the aforesaid observation of the Hon’ble Apex Court, when liability of the Insurance Company arises from a specific type of contract i.e. contract of indemnity, how can they be permitted to take benefit of compassionate assistance which results from employer-employee relationship and which is a right accruing by virtue of a welfare legislation (subordinate legislation).”. 5. The argument of the learned counsel is repelled. The financial assistance granted by the Government to the claimants cannot be deducted from the compensation amount.
6. No other point is raised.
7. In view of the above, this Court finds no merit in the Shanker Gauri 2014.02.05 17:04 I attest to the accuracy and integrity of this document High Court Chandigarh FAO -307-2014 (O&M) 4 present appeal. As such, the instant appeal is dismissed.
8. The statutory amount deposited by the appellant at the time of the filing the appeal be sent to the Tribunal for disbursement to the claimants. 20.01.2014 (JITENDRA CHAUHAN) gsv JUDGE Shanker Gauri 2014.02.05 17:04 I attest to the accuracy and integrity of this document High Court Chandigarh