ORIENTAL INSURANCE CO LTD. Vs. JAI DEVI VERMA

JUDGEMENT

(1.) The instant appeal is directed against the impugned award dated 30.07.2011, whereby the learned Tribunal has awarded the compensation as under:-

(2.) The instant appeal has been filed on the grounds inter-alia that the learned Tribunal has passed the judgment contrary to the preposition as laid down by the Apex Court in Smt. Sarla Verma & Anr. Vs. Delhi Transport Corporation & Anr., 2009 6 SCC 121, wherein it has been categorically held that in case of a death of a bachelor (unmarried), 50% of the income be deducted towards personal and living expenses whereas the learned Tribunal has deducted 1/3 rd of the income.

(3.) Learned counsel appearing on behalf of the appellant/Insurance Company has submitted that the respondent Nos.1 and 2 are the mother and unmarried sister of the deceased respectively. The respondent No. 1 has stated in her evidence that her deceased son was self employed and was doing consultancy work. He was also doing part time work with M/s Vikrant Publicity Centre. He was a renowned Astrologer and also a gold medallist and was earning Rs.30,000/-per month. However, she has not filed any document regarding the same.