Provident Fund & Other Pecuniary Benefits Received By Legal Heirs Of Deceased Have No Co-Relation With Motor Accident Claim
Case: United Insurance Co Ltd Vs Jawahira Begum &Ors.
Coram: Justice Vinod Chaterjee Koul
Case No.: Mac. App. No. 78/2019
Court Observation: The main reason is that all these amounts are earned by deceased on account of contractual relations entered into by him with others. It cannot be said that these amounts have accrued to dependents or legal heirs of deceased on account of his death in a motor vehicle accident. The claimants/ dependents are entitled to just compensation under the Motor Vehicles Act as a result of death of deceased in a motor vehicle accident.
“The claimants/ dependents are entitled to just compensation under the Motor Vehicles Act as a result of death of deceased in a motor vehicle accident. Thus, the natural corollary is that the advantage that accrues to the estate of deceased or to his dependents as a result of some contract or act which deceased performed in his life time cannot be said to be the outcome or result of death of deceased even though these amounts may go into the hands of dependents only after his death”
I have given my thoughtful consideration to the submissions made by learned counsel for respondents/claimants and do not find any merit in the Appeal as the Tribunal has given just compensation in favour of claimants and the same does not warrant any interference
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