AIR 2016 SUPREME COURT 4465 ::2016 (6) ABR 477 ::2016 (6) ADR 503 ::(2016) 2 WLC(SC)CVL 613 ::(2016) 4 ACC 340 ::(2017) 2 CivLJ 1 ::(2016) 65 OCR 887 ::2016 (3) SCC (Cri) 713 ::2016 (9) SCC 627 ::(2016) 4 RecCivR 569 ::(2016) 9 Scale 317 ::(2016) 4 ACJ 2723 ::(2016) 4 TAC 149 ::(2016) 4 CurCC 58 ::AIR 2016 SC (Civil) 2940 ::2016 AAC 2480 (SC) ::(2017) 120 All LR 256 ::(2016) 6 All WC 5918 ::(2017) 1 Mad LW 980 ::(2016) 6 AndhLD 64 ::(2016) 4 JCR 256 (SC) ::(2016) 4 Raj LW 3005 ::(2016) 4 Pun LR 696 ::(2016) 167 AllIndCas 173 (SC)

Supreme Court Of India

Hon'ble Judge(s): Ranjan Gogoi, Prafulla C. Pant, A. M. Khanwilkar , JJJ

Motor Vehicles Act (59 of 1988) , S.168— Compensation - Determination- Ex gratia payment by employer to dependants of deceased in motor accident - Is deductible from quantum of compensation fixed by MACT under head 'pay and other allowances' falling under first part of R. 5 - However, Other benefits extended to dependants including family pension, life insurance, PF, etc. - Must remain unaffected and cannot be allowed to be deducted. Constitution of India , Art.309— Haryana Compassionate Assistance to the dependents of the Deceased Government Employees Rules , R.5, R.6— The claimants are legitimately entitled to claim for the loss of 'pay and wages' of the deceased Government employee against the tortfeasor or Insurance Company, as the case may be, covered by the first part of Rule 5 under the Act of 1988. The claimants or dependents of the deceased Government employee (employed by State of Haryana), however, cannot set up a claim for the same subject falling under the first part of Rule 5 - 'pay and allowances', which are receivable by them from employer (State) under Rule 5(1) of the Rules of 2006. In that, if the deceased employee was to survive the motor accident injury, would have remained in employment and earned his regular pay and allowances. Any other interpretation of the said Rules would inevitably result in double payment towards t....