MACT claim: in motor accident claims the benefit got from the employer of the deceased cannot be reduced from the amount of compensation awarded by MACT; SC.
- 13:00Supreme Court of India
Justice Dinesh Maheshwari
In the case titled as "National Insurance Company Versus Mannat Johal and others", it was held by the Supreme Court of India that the principles of MACT claims and method of calculations, are well settled by judicial precedents, and they were reiterated in para no. 9 and 9.1 of the said judgment.
In the said case, the Appeal of insurance company was dismissed. It was held by the Supreme Court of India that the benefit got from the employer cannot be reduced from the amount of compensation awarded under MV Act by MACT; unless the benefit is shown to be under some service rules and is of continuous assistance to the family of the deceased.