Balkunwar Bai vs Baldev Singh and Others

N.K. Mody, J.—Being aggrieved by the inadequacy of the amount awarded vide award dated 19.1.2001 passed by MACT, Neemuch in Claim Case No. 48/1999, whereby a sum of Rs. 2,61,000 has been awarded along with interest @ 12% per annum the present appeal has been filed.

Short facts of the case are that accident took place on 15.9.1996, wherein the son of the appellant aged 30 years passed away. Claim petition was filed by the appellant and father of the deceased, which was numbered as 48/99. During pendency of the claim petition, the father of the deceased also passed away. Mother of the deceased who is appellant herein prosecuted the appeal. In the claim petition, h award was passed for a sum of Rs. 2,61,000. Breakup of which is as under:

Towards loss of dependency : Rs. 2,34,000 Towards mental pain and sufferings : Rs. 10,000 Towards medical expenses : Rs. 18,000 Towards funeral expenses : Rs. 2,000

It is submitted that income of the deceased was Rs. 4,000 as he was a bus driver. It is submitted that learned Tribunal has wrongly assessed income @ Rs. 3,000 per month and has wrongly deducted half of the amount towards personal expenses of the deceased. It is submitted that no amount has been awarded towards love and affection. No amount has been awarded towards loss of estate.

Learned Counsel placed reliance on a decision reported in the matter of Smt. Radha Rani Bhadauria Vs. Union of India and Another, , wherein Division Bench of Delhi High Court has observed that, "deduction of 2/3rd of income of the deceased for his personal expenses keeping in view the American lifestyle presuming that Americans spend more on themselves and less on dependants�Single Judge in appeal made only 1/3rd deduction for self-expenses of the deceased where no evidence was led by the Insurance Company to prove that the deceased spent more than 1/3rd on his own maintenance held that dependency of the claimants be assessed at 2/3rd of the income of the deceased.

Further reliance was place on a decision in the matter of Fakeerappa and Another Vs. Karnataka Cement Pipe Factory and Others, , wherein Hon''ble Supreme Court restricted deduction towards personal expenses to one-third for determination of dependency.

Learned Counsel for respondent No. 3 submits that in para-7 of the judgment Hon''ble Apex Court has laid down the principle which reads as under:

What would be the percentage of deduction for personal expenditure cannot be governed by any rigid rule or formula of universal application. It would depend upon the circumstances of each case. The deceased undisputedly was a bachelor. Stand of the insurer is. that after marriage, the contribution to the parents would have been lesser and, therefore, taking an overall view the Tribunal and the High Court were justified in fixing the deduction.

Learned Counsel for respondent No. 3 submits that in the present case deceased was bachelor. In the family there was only the appellant and so far as father is concerned, he passed away during the pendency of the appeal. Therefore, appellant was the only member who was depending on the deceased. Looking to the age of the deceased in near future the deceased had his own family. In the circumstances, Tribunal has rightly assessed the dependency on half of the income. It is also submitted that there is nothing on record that deceased was drawing salary of Rs. 4,000 per month. Employer has not been examined, in whose employment deceased was driving the bus.

After taking into consideration all the evidence on record it appears that the learned Tribunal has rightly assessed the dependency @ half of the income of the deceased because appellant was the only dependant of the deceased. Since the employer has not been examined by the appellant to prove the income of the deceased, therefore, learned Tribunal has rightly disbelieved the income as alleged by the appellant and has rightly held that deceased was earning Rs. 3,000 per month as salary. After taking all the facts into consideration it appears that amount awarded is at lower side. Same is enhanced as no amount has been awarded towards loss of love and affection, loss of estate and on other heads. Amount is enhanced from Rs. 2,61,000 to Rs. 3,25,000. Appellant shall be further entitled for Rs. 64,000. The enhanced amount shall carry interest @ 6% per annum from the date of application.

With the aforesaid modifications, appeal stands disposed of.