(N.V. Ramana and A.M. Khanwilkar, JJ.)
Oriental Insurance Co. Ltd. ____________________________ Appellant
v.
Usha Devi & Ors. ________________________________ Respondent(s)
Civil Appeal No. 11719/2016 [arising out of S.L.P. (Civil) No. 6745/2016], decided on November 28, 2016
The Order of the court was delivered by
Order
1. Leave granted.
2. Heard counsel for the parties.
3. Counsel for the appellant (Oriental Insurance Co. Ltd.) submitted that the appellant will press this appeal only on the issue of amount receivable by the dependents/claimants towards the head of Pay and Allowances in the form of ex-gratia financial assistance. The High Court relied on the decision in Reliance General Insurance Co. Ltd. v. Purnima1 to answer the question in favour of the claimants. That decision of the High Court, however, has been reversed in a recent decision of three Judges Bench of this Court in Reliance General Insurance Co. Ltd. v. Shashi Sharma2 As no other ground has been pressed by the appellant, this appeal must partly succeed on the same terms, conditions, observations and directions as given in the aforementioned decision of this Court. In other words, the appeal succeeds only to the extent of deducting the amount receivable by the respondents (dependents of the deceased Government employee) in terms of Rule 5(1) of the Haryana Compassionate Assistance to the Dependents of Deceased Government Employees Rules, 2006 towards financial assistance equivalent to the loss of pay and wages of the deceased Government employee for the period specified.
4. The appeal is partly allowed in the above terms. Registry is directed to refund the amount deposited by the appellant (Oriental Insurance Co. Ltd.) along with interest accrued thereon, if any.
Petition(s) for Special Leave to Appeal (C) No(s). 6745/2016
Oriental Insurance Co. Ltd ____________________________ Petitioner
v.
Usha Devi & Others ______________________________ Respondent(s)
Date : 28/11/2016 This petition was called on for hearing today.
(Before N.V. Ramana and A.M. Khanwilkar, JJ.)
For Petitioner(s) Mr. Varinder Kumar Sharma, Adv.
Md. Shahid Hussain, Adv.
Mr. Bikash Chandra, Adv.
Mr. S.L. Gupta, Adv.
Mr. Brahm Shankar K., Adv.
Mr. Bhanu Pratap Singh, Adv.
For Respondent(s) Mr. Kuldeep Sehrawat, Adv.
Ms. Monisha Sehrawat, Adv.
Mr. Naveen Sehrawat, Adv.
UPON hearing the counsel the Court made the following
Order
5. Leave granted.
6. The appeal is partly allowed in terms of the signed order. Registry is directed to refund the amount deposited by the appellant (Oriental Insurance Co. Ltd.) along with interest accrued thereon, if any.
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1 FAO No. 1322/2010 decided on 21st December 2012
2 C.A. No. 9654/2016 decided on 23rd September, 2016 AIR 2016 SC 4465
