NATIONAL INSURANCE CO. LTD. versus REKHABEN & ORS.
The amount earned by claimants from compassionate appointments cannot be deducted from the quantum of compensation receivable by them under the Motor Vehicles Act, 1988, as such employment is not offered by the tort feasor and has no correlation with the accidental event giving rise to the claim.
- Parties
- Appellant: National Insurance Co. Ltd.; Respondents: Rekhaben & Ors.
- Jurisdiction
- India
- Judgment Date
- 07 March 2017
- Procedural Posture
- Civil Appeal / Appeal From High Court Judgment
- Outcome
- Appeals dismissed
- Legal Topics
- Loss of Income, Compassionate Appointment, Deduction From Compensation
Case Brief
Summary, issues, holding and outcome
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Parties
National Insurance Co. Ltd.
Appellant
Rekhaben & Ors.
Respondents
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Legal Issues
- 1 Whether income earned by the claimants from compassionate appointment should be deducted from compensation awarded under the Motor Vehicles Act, 1988
- 2 Determination of compensation for loss of income in cases of death or injury in motor vehicle accidents
Ratio Decidendi
The amount earned by claimants from compassionate appointments cannot be deducted from the quantum of compensation receivable by them under the Motor Vehicles Act, 1988, as such employment is not offered by the tort feasor and has no correlation with the accidental event giving rise to the claim.
Court Disposition
Appeals dismissed
Orders
- Appeals are dismissed; no deduction of salary earned from compassionate appointment from compensation awarded under the Motor Vehicles Act.
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