New India Assurance Co. Ltd. vs Sunita Sharma 2025 INSC 469 - Motor Accident Compensation - Compassionate Assistance - Art. 141 Constitution
Motor Vehicles Act 1988 - Haryana Compassionate Assistance to the Dependents of Deceased Government Employees Rules, 2006- Motor Accident Compensation - Quoted from Reliance General Insurance Co. Ltd. v. Shashi Sharma: A just compensation payable under the Act of 1988, therefore, is to exclude the amount received or receivable by the dependents of the deceased Government employee under the Rules of 2006 towards the head financial assistance equivalent to “pay and other allowances” that was last drawn by the deceased Government employee in the normal course. This is not to say that the amount or payment receivable by the dependents of the deceased Government employee under Rule 5 (1) of the Rules, is the total entitlement under the head of “loss of income”. So far as the claim towards loss of future escalation of income and other benefits, if the deceased Government employee had survived the accident can still be pursued by them in their claim under the Act of 1988. For, it is not covered by the Rules of 2006. (Para 5)
Constitution of India - Article 141 - High Court despite noticing a judgment of Supreme Court failed to follow the dictum and followed a contrary judgment of the High Court itself- SC held: This is per-se in violation of Article 141 of the Constitution of India. (Para 8)
