KAILASH PRASAD DEO,J. - (1.) Heard learned counsel for the appellants and learned counsel for the respondents.
(2.) The appellants-Conservator of Forest, S.F.P. Monitoring and Evaluation Circle, Van Bhawan, Doranda, Ranchi and Conservator of Forest, Territorial Circle, Medininagar, Palamau, have jointly preferred this miscellaneous appeal against the award dated 25.7.2016 passed in Compensation Case No. 298 of 2013, by the Presiding Officer, Motor Accidents Claims Tribunal, Ranchi, whereby the Tribunal has awarded compensation to the tune of Rs. 3,05,000 to be paid through the account payee cheque in the joint name of both the applicants, namely, Rameshwar Baitha and Chinta Devi within 30 days with interest at the rate of 9 per cent per annum from the date of filing of the case, i.e., 6.12.2013 till realization of the amount.
(3.) The learned counsel for the appellants has submitted that since the deceased was a minor boy who was driving a motor cycle, the claimants are not entitled for any compensation amount, as such the impugned award may be quashed and set aside. Learned counsel for the appellants has further submitted that in view of the judgment of Sarla Verma v. Delhi Transport Corporation , 2009 ACJ 1298 (SC), father cannot be dependent upon his son and relevant paras 9 and 15 are profitably quoted hereunder: "(9) Basically only three facts need to be established by the claimants for assessing compensation in the case of death: (a) age of the deceased; (b) income of the deceased; and (c) the number of dependants. The issues to be determined by the Tribunal to arrive at the loss of dependency are (i) additions/deductions to be made for arriving at the income; (ii) the deduction to be made towards personal and living expenses of the deceased; and (iii) the multiplier to be applied with reference to the age of the deceased. If these determinants are standardised, there will be uniformity and consistency in the decisions. There will be lesser need for detailed evidence. It will also be easier for the insurance companies to settle accident claims without delay (15) Where the deceased was a bachelor and the claimants are the parents, the deduction follows a different principle. In regard to bachelors, normally, 50 per cent is deducted as personal and living expenses, because it is assumed that a bachelor would tend to 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 parent(s) 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 not be considered as a dependant and the mother alone will be considered as a dependant. In the absence of evidence to the contrary, brothers and sisters will not be considered as dependants, because they will either be independent and earning, or married, or be dependent on the father " ;