![MV Act Compensation: Amounts Being Received By Family Under Employees Family Benefit Scheme Not To Be Deducted While Calculating Loss Of Income: SC [Read Judgment]](/static/images/error.jpg)
MV Act Compensation: Amounts Being Received By Family Under Employees Family Benefit Scheme Not To Be Deducted While Calculating Loss Of Income: SC [Read Judgment]
Live Law“The aforesaid payment is totally different to the payment made by the employer in Shashi Sharma case which was statutory in nature. Therefore, we hold that this amount cannot be deducted.”The Supreme Court has held that amount being received by the family members of deceased under the Employees Family Benefit Scheme cannot be deducted while calculating the loss of income. Therefore, we hold that this amount cannot be deducted.” The Supreme Court has held that amount being received by the family members of deceased under the Employees Family Benefit Scheme cannot be deducted while calculating the loss of income for the purpose of determining compensation under the Motor Vehicles Act. The bench comprising Justice Madan B. Lokur, Justice S. Abdul Nazeer and Justice Deepak Gupta in Sebastiani Lakra vs. National Insurance Co. Ltd. was considering the contention made by the insurance company that, since the claimants are getting a sum of Rs 50,082 under the EFB Scheme, this amount should be deducted in terms of the judgment of this court in Reliance General Insurance Co. Ltd. vs. Shashi Sharma. In Shashi Sharma, a three-judge bench of the Apex court had held that the amount received or receivable by dependants of the deceased from the employer by way of ex gratia financial assistance on compassionate grounds can be deducted from the quantum of compensation fixed by the Motor Accident Claims Tribunal under the head “pay and other allowances”.
History of this topic
MV Act | Apportionment Of Compensation Not Guided by Personal Laws, Consideration Of Dependency On Deceased Paramount: J&K High Court
Live Law
Ex Gratia Payment By Employer To Deceased’s Dependants Deductible From MACT Compensation: SC [Read Judgment]
Live Law
Ex Gratia Payment By Employer To Deceased’s Dependants Deductible From MACT Compensation: SC [Read Judgment]
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