- (1.) The appeal is delayed by six days. Causes shown being sufficient, delay is condoned. The appeal is taken on record.
(2.) The short question involved in this appeal is as to whether the Tribunal was right in deducting only one-third of the monthly income of the victim, while calculating the compensation. The appellant-Insurance Company contends before us that the victim was a bachelor and as such, there should be more deduction. The learned Counsel appearing for the appellant draws our attention to Ground IV, where the appellant contended that 50% should have been deducted from the actual salary considering his marital status.
(3.) This argument finds justification from the decision of the Apex Court in the case of Sakti Devi reported in 2011 Volume 7 Supreme Court Cases page 65 . In the said decision the Apex Court relied on a passage from the decision of the Apex Court in the case of Sarala Verma reported in 2009 Volume 6 Supreme Court Cases page 121 . Paragraphs 31 and 32 of the said decision, being relevant herein, are quoted below: "31. Where the deceased was a bachelor and the claimants are the parents, the deduction follows a different principle. In regard to bachelors, normally, 50% is deducted as personal and living expenses, because it is assumed that a bachelor would tend a spend more on himself. Even otherwise, there is also the possibility of his getting married in a short time, in which event the contribution to the parents and siblings is likely to be cut drastically. Further, subject to evidence to the contrary, the father is likely to have his own income and will be considered as a dependent and the mother alone will be considered as a dependent. In the absence of evidence to the contrary, brothers and sisters will be considered as dependents, because they will either be independent and earning, or married, or be dependent on the father. 32. Thus, even if the deceased is survived by parents and siblings, only the mother would be considered to be a dependent, and 50% would be treated as the personal and living expenses of the bachelor and 50% as the contribution to the family. However, where the family of the bachelor is large and dependent on the income of the deceased, as in a case where he has a widowed mother and large number of younger non-earning sisters or brothers, his personal and living expenses may be restricted to one-third and contribution to the family will be taken as two-third. In a case where the age of the claimant is higher than the age of the deceased, the age of claimant and the age of the deceased has to be taken into account for the capitalization of the lost dependency. It is so because the choice of multiplier is determined by the age of the deceased or that of the claimant, whichever is higher.";