Topic

family pension deduction

2 articlesLatest May 2026
Family Pension Cannot Be Deducted from Loss of Dependency under MV Act | MP HC Gwalior Enhances Compensation by ₹4.5 Lakh
Case Law Analysis
|Madhya Pradesh High Court

Family Pension Cannot Be Deducted from Loss of Dependency under MV Act | MP HC Gwalior Enhances Compensation by ₹4.5 Lakh

The Madhya Pradesh High Court has ruled that family pension is a statutory benefit independent of accident compensation and must not be offset against loss of dependency under the Motor Vehicles Act. This clarifies a critical calculation error in MACT claims and ensures survivors receive full compensation based on the deceased’s actual pension income, not a reduced net amount.

Motor Accident Compensation | Family Pension Under Assam CFP Scheme Not Deductible; Loss of Consortium Includes Parental & Filial Rights : Gauhati HC
Case Law Analysis
|Gauhati High Court

Motor Accident Compensation | Family Pension Under Assam CFP Scheme Not Deductible; Loss of Consortium Includes Parental & Filial Rights : Gauhati HC

Gauhati HC holds that statutory family pension benefits under Assam's Chief Minister's Family Pension Scheme cannot be deducted from motor accident compensation, reinforcing the principle of just compensation. The court also expands the scope of loss of consortium to include both parental and filial relationships, increasing the award by ₹92,000 to ₹9,66,228 with 6% interest, setting a precedent for broader interpretation of dependents' rights under tort law.