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Issues: (i) Whether the deduction towards personal and living expenses of the deceased bachelor should be 50% or one-third for computing compensation; (ii) Whether the multiplier was to be selected on the basis of the deceased's age or the age of the dependants.
Issue (i): Whether the deduction towards personal and living expenses of the deceased bachelor should be 50% or one-third for computing compensation.
Analysis: The governing principle is that, for a bachelor, 50% is ordinarily deducted towards personal and living expenses. The exception applies where the family is large and substantially dependent on the deceased's income. Here, both parents were found to be dependants, while the married sister was not a dependant. In such circumstances, the standard deduction of 50% was appropriate.
Conclusion: The deduction of 50% towards personal and living expenses was correct and the claim for restriction to one-third was rejected.
Issue (ii): Whether the multiplier was to be selected on the basis of the deceased's age or the age of the dependants.
Analysis: The multiplier is determined by the age of the deceased and not by the age of the dependants. For a deceased aged 26 years, the proper multiplier under the settled table is 17. The reduction of the multiplier to 13 on the basis of the parents' age was therefore erroneous.
Conclusion: The multiplier of 17 was held to be applicable and the High Court's use of multiplier 13 was set aside.
Final Conclusion: The compensation was enhanced by applying the correct deduction and multiplier, and the claimants were entitled to the revised amount with interest.
Ratio Decidendi: In claims for compensation for the death of a bachelor, the deduction for personal and living expenses is ordinarily 50% unless special facts show a larger dependent family, and the multiplier must be chosen with reference to the deceased's age, not the age of the dependants.
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