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april 2025

Supreme Court of India · 2025-04-28

The New India Assurance Company Ltd vs Kamalesh

Court
Supreme Court of India
Petitioner
The New India Assurance Company Ltd
Respondent
Kamalesh
Author
Sudhanshu Dhulia
Bench
Sudhanshu Dhulia

Judgment text excerpt

The Supreme Court examined the issue of deduction of financial assistance received under the Haryana Compensation Assistance to the Dependents of Deceased Government Employees Rules, 2006, from the total compensation awarded in a motor accident claim. The court analyzed whether such assistance should be deducted while calculating the compensation payable to the claimants. The court ultimately upheld the principles for calculating loss of dependency and clarified the treatment of such financial assistance in the compensation calculation. The judgment emphasizes the importance of fair assessment of damages in motor accident claims.

The New India Assurance Company Ltd vs Kamalesh · Niyam