- (1.) This appeal is directed against the award dated 26.2.2010 passed by Motor Accident Claims Tribunal (Tribunal for short), Karnal, on the ground that total amount of Rs.14,90,400/- was assessed as compensation by the Tribunal but only an amount of Rs.3,20,080/- was actually awarded. It was held that the benefits which accrued to the legal heirs of the deceased from the employer of the latter to be received were deducted, which were calculated at Rs.11,92,320/-.
(2.) Learned counsel for the appellants argued that the Tribunal acted only on presumption holding that as per Rule 9.6 under the Ex-gratia Assistance Scheme, the widow will draw full salary, as was being drawn by the deceased immediately before his death and, therefore, she will not be subjected to loss of income. An amount of Rs.65,168/-, stated to have been paid by the department, as deposed by SDC from HUDA as PW3 was also deducted.
(3.) Learned counsel argued that the Division Bench of this Court and also the Full Bench of this Court held in the authorities Sunita Rani and others Vs. Hardev Singh and others, 1995 AIR(P&H) 300 and Bhagat Singh Sohan Singh Vs. Smt. Om Sharma and others, 1983 AIR(P&H) 94 respectively, that making deductions on account of benefits to be received from the employer would be crucifying the statutory provisions of the Motor Vehicles Act. Pensionary and other benefits were not required to be deducted. Any amount received on account of insurance, provident fund, pension and gratuity would not be deductible.;