Pension payable to widow of the deceased is not liable to be deducted from the amount of compensation payable -- Similarly, any ex gratia amount paid by the employer to widow of the deceased is not deductible -- Deceased was employed in Delhi Development Authority – D.D.A. has not enacted any rules similar to Haryana 2006 Rules extending compassionate financial assistance to the dependents of its deceased employees by payment of sum equal to pay and allowances last drawn by the deceased employee – Widow getting amount of Rs.13,660/- per month as family pension from the department -- Tribunal wrongly deducted amount of Rs.26,67,168/- out of the compensation amount of Rs.35,56,069/- payable to the appellants/claimants.

(P&H HC) Decided on: 17.09.2020

Compensation in Motor vehicle accident – Deduction is not permissible -- Amounts of pension and gratuity are paid on account of the service rendered by the deceased to his employer -- Pension and gratuity are the property of the deceased -- They are more in the nature of deferred wages -- Said amount cannot be deducted.

(SC) Decided on: 12.10.2018