Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | ss.163A 166 168 - Compensation - Salary received by the |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Motor Vehicles Act, 1988: ss.163A, 166, 168 - Compensation - Salary received by the claimants from compassionate appointment whether deductible from the award of compensation made in favour of the claimants - Held: Compensation is awarded on the basis of the entire loss of income of the deceased or in a case of injury, for the loss of income due to the injury - The income from compassionate appointment offered to the dependants of the deceased or the injured. by the employer of the deceased/ Injured, who is not the tortfeasor, cannot be deducted from theĀ· compensation receivable by him on account of the accident from the tortfeasor - The source from which compensation on account of the accident is claimed and the source from which the compassionate employment is offered, are completely separate and there is no co-relation between these two sources - Since the tortfeasor has not offered the compassionate appointment, an amount which a claimant earns by his labour or by offering his services, whether by reason of compassionate appointment or otherwise is not liable to be deducted from the compensation which the claimant is entitled to receive from a tortfeasor under the Act. Compensation - Determination of - Relevant factors - Held: The income of the deceased or the injured, which the claimants have lost due to death of the deceased or inability of the injured to earn is a relevant factor for determining the amount of compensation - The income of the dependant-claimant in case of death of earning member is generally not a relevant factor in determining compensation primarily because the law takes no cognizance of the claimant's situation, though in case of an injury, the income of the claimant who is injured is relevant. |
Judge | Honble Mr. Justice Sharad Arvind Bobde |
Neutral Citation | 2017 INSC 209 |
Petitioner | National Insurance Co. Ltd. |
Respondent | Rekhaben & Ors. |
SCR | [2017] 2 S.C.R. 691 |
Judgement Date | 2017-03-07 |
Case Number | 8867 |
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