AIR 2018 SUPREME COURT 5034 ::AIROnline 2018 SC 285 ::2020 (3) SCC (Cri) 377 ::2019 AAC 122 (SC) ::AIR 2020 SC (Civil) 147 ::(2018) 4 CurCC 50 ::(2018) 131 All LR 750 ::(2018) 6 Bom CR 323 ::(2019) 1 AndhLD 55 ::(2019) 73 OCR 364 ::(2019) 1 JCR 118 (SC) ::(2018) 4 Ker LJ 705 ::(2019) 2 Pat LJR 447 ::(2018) 4 Pun LR 443 ::(2018) 192 AllIndCas 129 (SC)

Supreme Court Of India

Hon'ble Judge(s): Madan B. Lokur, S. Abdul Nazeer, Deepak Gupta , JJJ

(A) Motor Vehicles Act (59 of 1988) , S.166— Compensation-Loss of income-Determination-Amount payable by employer of deceased to claimants under Employees Family Benefit Scheme Cannot be deducted while calculating loss of income. Under this Scheme, nominee or legal heir(s) of deceased employee have to deposit entire amount of gratuity and all other benefits payable to them on death of employee.Here, Ait stands proved that claimants have deposited a sum of Rs.27,43,991/-­ received by them on the death of the deceased with the employer and are now getting about Rs.50,082/-­ per month. Rs.50,082/-­ is to be paid to the legal heirs under the EFB Scheme only till date of retirement of the deceased. Even if an interest @ of 12% per annum is calculated on amount of Rs.27,43,991/-­, that would amount to Rs.3,30,000/-­ per year or Rs.27,500/-­ per month. Appellants/­claimants are getting about Rs.50,000/-­ per month i.e. about Rs.22,500/-­ per month more, but this is only to be paid for a period of about 7 years till 30.04.2021.This payment will cease thereafter.Aforesaid payment is not statutory in nature therefore cannot be deducted while calculating loss of income(Para 18 19 20) (B) Motor Vehicles Act (59 of 1988) , S.166— Compensation-Determ....