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Supreme Court of India 2026-02-24 partly_allowed

Reliance General Insurance Company Ltd vs Kanika & Ors

Bench: 2 — Sanjay Karol, Augustine George Masih

In Brief

A woman died in a 2009 motorcycle accident caused by negligent driving. Her family received ₹8,80,000 from a tribunal and appealed for more. The High Court raised the award to ₹29,09,240 but deducted government assistance given to the family under compassionate-grounds rules for deceased government employees. The family later sought a "clarification," and the High Court reversed that deduction. The Supreme Court ruled the High Court could not substantively alter its judgment through clarification—that power is limited to correcting clerical errors. The Court restored the deduction, holding that only benefits replacing the same financial loss (like income) should be deducted to prevent double-recovery, while other assistance remains unaffected. The family must now file an affidavit showing actual amounts received for proper adjustment.

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Motor Vehicles Act Compensation and Damages Social Security and Benefits Civil Procedure Review and Clarification Government Employee Benefits Principles of Restitution

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