Motor Vehicles Act, 1988 – Haryana Compassionate Assistance to the Dependents of Deceased Government Employees Rules, 2006 – In the present case, the High Court has deducted only 50% of the compensation under the Rules of 2006 from the amounts awarded in the Claim Petition under the Motor Vehicles Act – The Insurance Company pointed out that despite noticing the decision in Reliance General Insurance Co. Ltd. v. Shashi Sharma, the High Court has ignored the dictum and followed the Judgment of High Court in Kamla Devi v. Sahib Singh & Ors:
Held: The appeal is allowed setting aside the judgment impugned of the High Court to the extent it deducted only 50% of the compensation payable under the Rules of 2006 but also making it clear that if the amounts are already paid to the respondents, no recovery shall be made – The High Court despite noticing a judgment of this Court, in the impugned judgment, failed to follow the dictum and followed a contrary judgment of the High Court itself; which is per-se in violation of Article 141 of the Constitution of India. [Paras 7, 8]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Ankit Gyan. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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