VED KANWAR Vs. BABULAL

JUDGEMENT

(1.) Leave granted.

(2.) Three claimants, namely, widow and two sons of the deceased preferred claim petition which was allowed by the Motor Accident Claims Tribunal ("the Tribunal") awarding a sum of Rs.35,34,422.00 to the claimants. The said amount of compensation was enhanced by the High Court with which we are not concerned in this appeal as learned counsel for the appellants would restrict his submission only to the extent of deduction of one- half of the income of the deceased towards personal expenses of the deceased. As a matter of fact, the Tribunal had also deducted one-half towards personal expenses of the deceased which has been maintained by the High Court in the impugned judgment.

(3.) Mr. Pradeep Aggarwal, learned counsel for the appellants would submit, referring to the law laid down by this Court in paragraph No.37 in the case of National Insurance Company Ltd. Vs. Pranay Sethi & Others, reported in (2017) 16 SCC 680, that the deduction towards personal and living expenses of the deceased should be 1/3rd (one-third) even if the dependent is the widow only. According to him, even if the two other claimants being employed and not dependent on the deceased are taken out of the purview of calculation for deduction towards personal and living expenses, deduction more than 1/3rd (one- third) is not permissible as held by this Court in the case of Pranay Sethi (supra).