ORIENTAL INSURANCE COMPANY LIMITED Vs. ROSHNI DEVI

JUDGEMENT

(1.) THE Appeal is for reduction of compensation of Rs.4,87,380/- awarded for the death of Jaipal Singh, who was a retired police officer. He met with a tragic death at the age of 70 years. He was survived by his widow Roshni Devi, the First Respondent and his son Virender Singh, the Second Respondent, who was an army officer.

(2.) THE contentions raised on behalf of the Appellant Insurance Company are: i) That the deceased left behind only the widow as a legal representative, who was financially dependent on the deceased. THE deduction of 1/3rd towards personal expenses was not warranted, which should have been 50%. 1/3rd of the deceased's income towards loss to estate was not justified in view of the pension of Rs.8,682/- per month. ii) THE compensation of Rs.1,00,000/- awarded towards the loss of love and affection is exorbitant and excessive.

(3.) THE Supreme Court was very clear that in case of a bachelor, there would be deduction of 50% towards the personal and living expenses. In case of death of a married person where the number of dependents are two to three, 1/3rd deduction towards personal and living expenses was suggested. THErefore, even if in case of the death of a married person leaving behind a widow as the only financially dependent person, the deduction towards personal and living expenses should be 50%. However, considering the peculiar facts and circumstances of the case as the First Respondent has been left without any company and is residing on her own in the Metropolitan city, I would award a compensation of 2/3rd of the deceased's pension towards loss of dependency.