MAREWWA Vs. REVANSIDDAPPA

JUDGEMENT

(1.) Heard the learned counsel for the appellants and the learned-counsel for the respondents. The appeal is considered for final disposal at the stage of admission given that there are limited grounds on which the present appeal is filed. Firstly, it is pointed out that the claim is in respect of the death of the daughter of the claimants. The first appellant is the mother and the second appellant is the father of the deceased. Their age was 41 years and 51 years, respectively. Their daughter had met with a motor accident, as a result of which, she died. She was aged about 19 years and was an agricultural labourer at the time of her death. It is on that basis, that a claim of compensation was made.

(2.) The Tribunal has adopted a notional income of Rs. 3,000/- per month as the income of the deceased and has deducted 50% of the income while computing the loss of dependency of the claimants on the footing that the deceased was unmarried and therefore the standard deduction of 50% of the income would be in order. Further, under the several conventional heads, it is pointed out by the learned counsel for the appellants that the Tribunal has awarded frugal amounts and that it requires to be enhanced in all respects.

(3.) The learned counsel for the respondent would however oppose any such reconsideration and would point out that in the absence of any evidence of proof, the income of Rs. 3,000/- that is adopted is itself exorbitant and could not have been applied. Consequently, he points out that in the decision in Sarla Verma and others vs. Delhi Transport Corporation and another, 2009 6 SCC 121, the Supreme Court has laid down that the standard deduction to be made under the head of personal and living expenses of the deceased when the deceased was a bachelor, at 50% of the income of the deceased. Therefore the deduction of 50% of the income that is adopted is in order and would submit that the award of compensation under the other conventional heads is also generous and does not require reconsideration.