NIRMALA DEVI Vs. SANJEEV KUMAR

JUDGEMENT

(1.) THIS case relates to the death of Suraj Pal Yadav, who died in an accident, which took place on 23.02.2008. The deceased was working as a Head Master in Municipal Corporation Primary School, Tahirpur Village, Shahdara, Delhi. The claim petition was filed by the widow and four adult sons of the deceased. The youngest son is aged 31 years. The Tribunal took the deceased's income as Rs. 10,900/- (after deduction of 50% towards living expenses) and on applying a multiplier of '9' as per the deceased's age calculated the loss of dependency as Rs. 11,77,200/- and granted a sum of Rs. 10,000/- each to the five Appellants towards loss of love and affection, Rs. 5,000/- towards loss of consortium, Rs. 5,000/- towards funeral expenses and Rs. 5,000/- towards transportation charges under non-pecuniary heads.

(2.) LEARNED counsel for the Appellant on the basis of National Insurance Co. Ltd. v. Meghji Naran Soratiya & Ors., II (2009) ACC 289 (SC), submits that 1/3rd deduction ought to have been made towards personal living expenses of the deceased.