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Family pension deduction from MACT Award

(Querist) 23 May 2009 This query is : Resolved 
Dear Respected all, I already asked a query on this point but some experts seeked some more information regarding Award. In my query aplicants husband was a head of the department of physics in a degree college. when deceased met an unfortunate accident,was earning 43000 rs/month as salery.After three months deceased had to be retire from the job & was going to be appointed as a direcror of a private engg. college at the salery of 60,000 rs/Month.All facts are on record before the tribunal.Widow of deceased is getting 22000 rs per month pension of his husband till the age of deceased would be 65 years in papers.there after she would get family pension. Now my query is that would pension got by widow be deducted from award calculated by tribunal or not? Please quote any apex court's judgment regarding this type of issue.Thanks to all learned experts.
Swami Sadashiva Brahmendra Sar (Expert) 23 May 2009
To favour the claimant, i have recently/yesterday posted full bech decisions of MP and PH High Courts. there may be many judgments against you also.The issue is a debatable one and judicial pronouncements will remain confusing and changing unless the parliament brings a clear legislation in this regard.
A Truthseeker (Expert) 23 May 2009
in a motor accident case the claimant gets award for third party risk which has no connection with the income of the legal reprsentatives of the deceased. even if one is not the dependent there is no legal bar of getting award.only a small fraction may be deducted.
J K Agrawal (Expert) 24 May 2009
No deduction for family pension
2004 (2) TAC 761 Kant
2004 (3) TAC 397 AP A Laxmi v Arjun
2004 (3) TAC 544 ALL Leela v State
2007 ACJ Raj 85 Bhanwari v Hari Ram
AIR 1998 SC 3191 Helen C Rebello v MSRTC
(2001) 1 MPLJ 407 Umabai v Khemchand
AIR 1977 Gau 31 Hira Devi v Kanti Das
AIR 1994 RAj 101 Suki v Hem singh
AIR 1985 SC 106 N Shivammal v MD Pandian roadways.............and so on 200 other rullings.

Instead of asking such a question a good advocate should search it himself. There is no shortcut of success.
manoj joshi (Expert) 26 February 2011
@ j.k agrawal sir
all the citiaton u ve mentioned are overruled by supremecourt in 2008
air 2008 sc 31.. i m not clear abt d eject citation bt u can refer it ....

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