BALKUNWAR BAI Vs. BALDEV SINGH

JUDGEMENT

(1.) BEING aggrieved by the inadequacy of the amount awarded vide award dated 19.1.2001 passed by MACT, Neemuch in Claim Case No. 48/1999, whereby a sum of Rs. 2,61,000 has been awarded along with interest @ 12% per annum the present appeal has been filed.

(2.) SHORT facts of the case are that accident took place on 15.9.1996, wherein the son of the appellant aged 30 years passed away. Claim petition was filed by the appellant and father of the deceased, which was numbered as 48/99. During pendency of the claim petition, the father of the deceased also passed away. Mother of the deceased who is appellant herein prosecuted the appeal. In the claim petition, h award was passed for a sum of Rs. 2,61,000. Breakup of which is as under: Towards loss of dependency : Rs. 2,34,000 Towards mental pain and sufferings : Rs. 10,000 Towards medical expenses : Rs. 18,000 Towards funeral expenses : Rs. 2,000

(3.) LEARNED Counsel placed reliance on a decision reported in the matter of Patricia Jean Mahajan v. United India Insurance Co. Ltd. and Ors. , wherein Division Bench of Delhi High Court has observed that, "deduction of 2/3rd of income of the deceased for his personal expenses keeping in view the American lifestyle presuming that Americans spend more on themselves and less on dependantsSingle Judge in appeal made only 1/3rd deduction for self-expenses of the deceased where no evidence was led by the Insurance Company to prove that the deceased spent more than 1/3rd on his own maintenance held that dependency of the claimants be assessed at 2/3rd of the income of the deceased.