Kanwaljit Singh Ahluwalia, J. - (1.) On 8.12.2002, Laxman Singh was travelling in bus bearing Registration No. RRE -3551. The bus was going towards Beawar. At about 11:30 AM, near Shivpura Ghata, due to rash and negligent driving of the non -claimant -respondent No. 1, the bus turned turtle. As a result whereof, Laxman Singh, Puna Singh, Tej Singh and Panna Singh died and others suffered injuries.
(2.) The parents of deceased Laxman Singh, his widow and four minor children filed a claim petition. The Tribunal in its award dated 29.9.2005, determined the income of the deceased as Rs. 70/ - per day and assessed the same to be Rs. 25,200/ - per annum. The Tribunal further held that 1/3rd is liable to be deducted towards personal living expenses of the deceased. Thereafter, the Tribunal applied the multiplier of 17 and assessed the compensation as Rs. 2,85,600/ -. The Tribunal awarded Rs. 2,000/ - as funeral expenses and Rs. 5,000/ - towards loss of affection. In total the Tribunal awarded the compensation to the tune of Rs. 2,92,600/ -.
(3.) Counsel appearing for the claimant -appellants has contended that as per ratio of law laid down in the case of Smt. Sarla Verma and Others v/s. Delhi Transport Corporation and another, reported in : A.I.R. 2009 S.C. 3104, where the number of dependant family members is four to six, one -fourth (1/4th) is to be deducted towards "Personal Living Expenses".;