G.P.MITTAL
United India Insurance Company Ltd. – Appellant
Versus
Rakesh – Respondent
1. The appeal is for reduction of compensation of Rs.6,11,040/- awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) in favour of Respondents no.1 to 3 for the death of Santosh, a bachelor who suffered fatal injuries in a motor vehicular accident which occurred on 23.10.2002.
2. It is urged by the learned counsel for the Appellant that Respondents no.2 and 3 were married sisters of the deceased. Therefore, they were not dependant on Santosh. At the most, deceased Santosh can be said to have shared the responsibility of his younger brother, Respondent no.1, who was aged only 16 years at the time of the accident. It is therefore, stated that the Claims Tribunal erred in making a deduction of 1/3 towards personal and living expenses which ought to have been 1/2.
3. I have the Trial Court record before me and have gone through the evidence produced by Respondents no.1, 2 and 3.
4. PW-2 Rakesh, younger brother of the deceased and PW-5 Panna Devi categorically deposed that deceased Santosh was working as a mason(Raj Mistri) in Delhi. PW-2 deposed that deceased Santosh used to earn Rs.4,500/- per month and he would spend Rs.1,000/- monthly on himself and rest of the
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Kerala SRTC v. Susamma Thomas, (1994) 2 SCC 176
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Sarla Verma v. DTC, (2009) 6 SCC 121, (2009) 2 SCC (Civ) 770
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Shakti Devi v. New India Insurance Co. Ltd., (2010) 14 SCC 575, (2012) 1 SCC (Civ) 766
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