Point of law: 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, the general practice is to apply standardized deductions. Having considered several subsequent decisions of this 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 dependent family members is 2 to 3, one-fourth (1/4th) where the number of dependant family members is 4 to 6, and one-fifth (1/5th) where the number of dependant family members exceed six

JUDGMENT :

1. Heard Sri A.C. Pandey, learned counsel for the appellant and Sri Rama Nand Pandey, learned counsel for the respondents. Perused the record attached with this appeal from both sides.

2. This appeal has been filed by the appellant -The Oriental Insurance Co. Ltd. against the judgment and award dated 14.08.2013 passed by learned Additional District Judge, Court No. 2/MACT, J.P. Nagar in MACP No. 67 of 2007 by which the compensation of Rs.30,75,048.00/- has been awarded with the interest @6% from the date of filing of claim petition to the claimants-respondents.

3. Before the learned Tribunal, a claim petition was filed by the petitioners stating that on 20.7.2007 at about 1.00 PM in the village Allipur, near National Highway, P.S. Gajraula, District J.P. Nagar, an accident took place in which, husband of claimant no. 1 and father of claimant nos. 2 to 5 sustained injuries and died. At the time of accident, the driver of Tanker no. HR 37-B/4183 was being driven by the driver very rashly and negligently which dashed the Scorpio No. UDS 0003/4528 coming from the side of Delhi and the Scorpio overturned and fell over the deceased Om Prakash Mishra by which he sustained serious injuries and while he was being taken for treatment, he died on the way. At the time of accident, the deceased was going on foot to the Jubliant Company Ltd. where he was working and when he reached near the factory, the accident took place. At the time of accident, the deceased was aged about 42 years and was enough healthy and he was working as Store Officer in the said Company and was getting salary of Rs.19,370/- monthly. On that basis, the claim petition has been filed for compensation.

4. The appellant-Insurance Company filed written statement before the Tribunal stating that claimant should establish the accident. At the time of accident none of the drivers of both the vehicles were having valid and effective driving license. The accident took place because of fault of driver of Scorpio and owner of Scorpio and Insurance Company have not been made party. The said offending Tanker was not being driven according to terms of insurance policy and the Insurance Company is not liable to pay any compensation.

5. The opposite party no. 2-M/S. Maple Logistic Pvt. Limited Company filed written statement denying the allegation of claim petition and stating that accident was not caused by the alleged offending vehicle and the claim petition has been filed on wrong facts. At the time of accident, the driver of Tanker was having valid and effective driving license and the vehicle was ensured with the Insurance Company and if it is established that the accident took place because of rashness and negligence of driver of Tanker, the responsibility to pay compensation is on Insurance Company.

6. The defendant no. 3 has not filed any written statement and against him, the proceeding has taken place ex-parte. The defendant no. 4 Reliance General Insurance Company Ltd. has filed written statement and has stated that claimant has to establish the accident. The driver of Scorpio has not been made party nor he was having valid and effective driving license at the time of accident. The insurance with the Reliance General Insurance Co. Ltd. shall be verified and there is no responsibility to pay compensation on the Insurance Company.

7. The following issues were framed by the learned Tribunal, the English version of the same are as under:

(I) Whether on 20.7.2007 at about 1.00 PM Om Prakash Mishra was going to the Juviliant Company where he was working walking on the road and at that time the Tanker no. S.R.-37B/4183 and Scorpio No. U.P. 5003/4528 dashed to each other and the Scorpio fell upon the deceased Om Prakash Mishra which caused serious injuries to him and while he was in the way for treatment, he died?

(II) Whether the accident took place due to rash an