NEW INDIA ASSURANCE COMPANY LTD., REPRESENTED BY THE DIVISIONAL MANAGER Vs. UMESH S/O. BASAPPA AND OTHERS

JUDGEMENT

(1.) THOUGH the matter is listed for admission, by the consent of learned Counsel for the parties, the matter is taken up for final hearing, as the matter is of the year 2007.

(2.) THE Insurance Company is questioning the correctness and legality of the judgment and award passed by MACT -V, Court of Small Causes, Bangalore City in MVC No. 4664/2005 dated 26.04.2006.

(3.) THOUGH other grounds are urged in memorandum of appeal by Sri R. Jaiprakash, learned Counsel for the appellant would fairly submit that only ground that would be urged for consideration is with regard to the deduction made by the Tribunal in respect of personal expenses of deceased. Sri R. Jaiprakash would contend that personal expenses of deceased ought to have taken at 1/3rd. However, the Tribunal has deducted 1/6rd, considering the number of dependents as on date of the accident, he would hasten to odd in view of law kid down by the Hon'ble Supreme Court in case of Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, AIR 2009 SC 3104 . The proper deduction that requires to be made when the number of dependents are more than five would be 1/5st and accordingly deduction towards personal expenses of the deceased should be taken as 1/5th as against 1/6th taken by the Tribunal.