Supreme Court of India
National Insurance Co. Ltd. v. Rekhaben & Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
We are of the view that the financial benefit of the compassionate employment is not liable to be deducted at all from the compensation amount which is liable to be paid either by the owner/ the driver of the offending vehicle or the insurer.
Judgment, page 12
From the 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 ihe e111ployer of the deceased/ Injured, who is not the tort feasor, cannot be deducted from the· compensation receivable by him on
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