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2020 Supreme(Sikk) 37

MEENAKSHI MADAN RAI
BRANCH MANAGER, NATIONAL INSURANCE CO. LTD – Appellant
Versus
SANCHA KUMARI RAI – Respondent


Advocates Appeared:
For the Appellant :Mr. Sushant Subba, Advocate. Mr. Madan Kumar Sundas, Advocate.
For the Respondent:Mr. K.B. Chettri, Advocate. Mr. N.T. Sherpa, Advocate. Ms. Sabina Gurung, Advocate.

JUDGMENT :

1. The only challenge in the instant Appeal is to the deduction of one-third of the amount towards personal and living expenses of the deceased, which would have been incurred by him had he been alive. The facts are not disputed.

2. Heard learned Counsel for the parties.

3. It is the contention of learned Counsel for the Appellant that in fact 50% ought to have been deducted for the aforestated reasons as the victim was a bachelor at the time of the accident, instead of which only one-third was deducted towards the said purpose resulting in an erroneous computation of compensation.

4. Learned Counsel for the Respondents concede that there has been an error in the calculation of the quantum of compensation awarded to the Respondents inasmuch as the deduction ought to have been 50% towards the personal and living expenses of the deceased.

5. Considered submissions.

6. In Sarla Verma (Smt) and Others vs. Delhi Transport Corporation and Another, (2006) 6 SCC 121 the Hon’ble Supreme Court held as follows;

“31. Where the deceased was a bachelor and the claimants are the

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