LALRINMAWII RALTE D/O PAKUNGA, R/O VENGLAI,KOLASIB, MIZORAM Vs. UNION OF INDIA INSURANCE CO.LTD. AND ANOTHER

JUDGEMENT

(1.) Both the review petitions as indicated above are being disposed of by this common judgment, since in both the review petitions identical facts and laws are involved.

(2.) Review petition No. 4 of 2011 is filed by Lalrinmawii Ralte, the claimant in MAC Case No. 28 of 2008 seeking review of the judgment and order dated 2.5.2011 passed by this court in MAC Appeal No. 5 of 2010, while Review petition No.5 of 2011 is filed by one Linda Lalsangzuali, the claimant in MAC Case No. 33 of 2008 seeking review of the judgment and order dated 2.5.2011 passed in MAC Appeal No. 9 of 2010 by this court.

(3.) Mr. S.N. Meitei, the learned counsel appearing for the review petitioners while arguing submitted that the judgment and order dated 2.5.2011 passed in MAC Appeal No. 5 of 2010 and MAC Appeal No.9 of 2010 may be reviewed to the extent of deduction of income towards personal and living expenses per ratio laid down by the Supreme Court in the case of a Sarla Verma(Smt) and Ors. Vs. Delhi Transport Corpn. and Anr; reported in 2009 (6) SCC 121. It was submitted by Mr. S.N. Meitei, the learned counsel for the review petitioners that deduction of income to the extent of 2/3 in case of unmarried deceased is not contemplated by the Supreme Court in Sarla Verma's case. In case of death unmarried person(s) in vehicular accident deduction of 50% of the income of the deceased is intended towards his/her personal and living expenses while ⅓rd deduction of the income of the deceased as suggested towards computation of loss of dependency, depending upon the number of dependants. Mr. S.N. Meitei, therefore, taking ratio laid down in Sarla Verma's case contended strenuously that this court has committed error in law by deducting ⅔rd income of the deceased towards personal and living expenses deceased being unmarried and the dependency being limited. Deducted at 50% of the income of the deceased would have been appropriate under the facts and circumstances of the case.