Krishna vs Tek Chand SLP(C) 5044/2019 – Motor Accident Compensation – Compassionate Assistance – Deduction

Can the monetary benefit received by the family of the deceased-employee under the provisions of the Motor Vehicles Act, 1988, be reduced in terms of the amount received under Haryana Compassionate Assistance to Dependents of Deceased Government Employees, Rules, 2006? Dismissing SLP, SC observed: The amount of Rs.31,37,665 was paid to the dependents of the deceased-employee who are the petitioners herein under the aforesaid Rules since the said Rule was by way of compassionate assistance owing to the sudden death of the employee in harness for any reason whatsoever including as a result of a road traffic accident. This is in order to compensate the loss of the bread earner of the family who dies in harness. 3 In the case of a motor vehicle accidents, when negligence is proved, loss of dependency is compensated for the very same reason. In our view, there cannot be a duplication in payments or a windfall owing to a misfortune. In another words, on the death of the person in harness, owing to a road traffic accident the dependents of a deceased cannot be doubly benefited as opposed to those who are dependents of a deceased who dies owing to illness or any other reason under the Rules formulated by the Haryana Government.

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