NDLI: National Insurance Company Limited Vs. Birender and Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Motor Vehicles Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Motor Vehicles Act, 1988 (59 of 1988)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Motor Vehicles Act, 1988 – s.166 – Application for compensation – Haryana Compassionate Assistance to the dependents of deceased Government Employees Rules, 2006 – The claim petition was filed by the respondent nos. 1 & 2, who were the major sons of the deceased – The Tribunal held that respondent nos. 1 & 2 cannot be deprived of the pecuniary benefits through the deceased – The deduction towards personal expenses was kept at 50% as the respondent nos. 1 & 2 were major and earning hands – The total compensation was computed at Rs. 17,40,532/- – However, the High Court noted that the financial assistance available to the family of deceased, under the 2006 Rules would be Rs. 33,29,712/- and deducted 50% of the said amount from compensation amount of Rs. 29,20,772/ - – The High Court then deducted Rs.16,64,856/- from the compensation amount of Rs. 29,20,772/- – Appellant contended that High Court ought to have deducted the entire amount of financial assistance under the 2006 Rules – Respondents contended that the High Court erred in deducting 50% of the amount from compensation instead of one third – On appeal held: The view taken by the High Court is not a correct reading of the decision of the Supreme Court in Shashi Sharma case – The High Court committed manifest error in assuming that the respondent nos. 1 & 2 would be eligible to receive financial assistance under the 2006 Rules – Further, there is no clear evidence to get financial assistance or in fact, they are getting such financial assistance under the 2006 Rules – The High Court, therefore, instead of providing deduction of the amount receivable by the legal representative of the deceased on this count (under the 2006 Rules), from the compensation amount, should have independently determined the compensatory amount and ordered payment thereof subject to legal representative of the deceased filing affidavit/ declaration before the executing court that they have not received nor would they claim any amount towards financial assistance under 2006 Rules, so as to become entitled to withdraw the entire compensation amount. Motor Vehicle Act,1988 – s.166 – Application for compensation – Major sons of the deceased who were married and gainfully employed – Entitlement of – Held: The legal representative of the deceased could move application for compensation by virtue of cl(c) of s.166 – The Supreme court in Manjuri Bera had expounded that liability to pay compensation under the case does not cease because of absence of dependency of the concerned legal representative – It is settled that the legal representative of the deceased have the right to apply for compensation – Having said that, it must necessarily follow that even the major married and earning sons of the deceased being legal representative have a right to apply for compensation and it would be the bounden duty of the Tribunal to consider the application irrespective of the fact whether the concerned legal representative was fully dependent on the deceased and not to limit the claims towards conventional heads only. Partly allowing the appeals, the Court
Judge	Hon'ble Mr. Justice A.M. Khanwilkar
Neutral Citation	2020 INSC 34
Petitioner	National Insurance Company Limited
Respondent	Birender And Ors.
SCR	[2020] 1 S.C.R. 946
Judgement Date	2020-01-13
Case Number	242-243

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