Accident--Personal Expenses--When the father of deceased was also considered as dependent of the deceased, then normal rule of deduction of 50% of the income of the deceased in case of bachelors would not be applicable.

B.S. WALIA, J.

1. Appeal has been filed for enhancement of compensation awarded by the learned Motor Accidents Claims Tribunal, Sangrur (hereinafter referred to as "the Tribunal") on account of death of Rajnish Kumar, 26 year old unmarried son of the appellants in a motor vehicular accident which took place on 20.05.2001. The Tribunal by taking into account Rs. 3000/- as the income of the deceased, by imposing a cut of 1/3rd of the income towards personal expenses of the deceased, by applying multiplier of 6' on the basis of age of parents of the deceased, awarded lump sum compensation of Rs. 1,50,000/-.

2. Learned counsel for the appellants contends that the multiplier applied was as per the age of the parents of the deceased whereas the same ought to have been as per the age of the deceased. Secondly, no future prospects were awarded. Thirdly, no amount was awarded on account of conventional heads.

3. Per contra, learned counsel appearing for respondent No.1 (driver) and respondent No.2 (owner) contended that the income assessed at Rs. 3000/- per month was on the higher side besides deduction made @ 1/3rd of the income of the deceased towards his personal expenses ought to have been made @ 50%. No other point was argued.

4. I have considered the submissions of learned counsel for the parties and am of the view that for the reasons as are given hereunder, the appeal is liable to be allowed and the compensation payable enhanced.

5. Admittedly, the deceased i.e. the son of the appellants was 26 years of age at the time of his death and was assessed to be earning Rs. 3000/- per month. Learned counsel appearing for respondent Nos.1 and 2 (i.e. driver and owner) have contended that the income of the deceased assessed at Rs. 3000/- per month was on the higher side having been assessed on the basis of income-tax return filed after his death. I am afraid, this argument has no merit since a perusal of paragraph No.15 of the award reveals that the income was not assessed on the basis of income-tax return. In fact the Tribunal categorically observed that the income-tax return could not be relied upon as it had been filed after the death of the deceased. The Tribunal assessed the income of the deceased at Rs. 3000/- per month on the basis of statement of Raj Mohinder (AW-3) who deposed that the deceased was working with him as part time labourer for manufacturing boxes against payment of Rs. 2000/- per month. The Tribunal by taking into account that the deceased was working as a labourer against payment of Rs. 2000/- per month besides was doing his own business of manufacturing phenol, assessed the income of the deceased at Rs. 3000/- per month. Accordingly, the submission of learned counsel for respondent Nos.1 and 2 (i.e. driver and owner) of income of the deceased having been assessed on the higher side is rejected.

6. Learned counsel appearing for respondent Nos.1 and 2 further contended that in view of the decision of Hon'ble the Supreme Court in Sarla Verma v. Delhi Transport Corporation, 2009 ACJ 1298, only the mother of deceased is to be taken as dependant of the deceased, therefore, deduction ought to have been made @ 50%. I am afraid even this argument does not hold good. Relevant extract of the decision in Sarla Verma's case (supra) is reproduced as under:-

Paragraph Nos. 30, 31 and 32 of the decision in Sarla Verma's case (supra).

"30. Though in some cases the deduction to be made towards personal and living expenses is calculated on the basis of units indicated in Trilok Chandra 4, the general practice is to apply standardised deductions. Having considered several subsequent decisions of this 37 (2003) 3 SLR (R) 601 31 Court, we are of the view that where the deceased was married, the deduction towards personal and living expenses of the deceased, should be one-third (1/3rd) where the number of dependant family members