TaxTMI 
TaxTMI 
2025 (6) TMI 1004
X X X X Extracts X X X X
X X X X Extracts X X X X
....ment and award dated 07.04.2017 passed in the aforesaid claim petition by learned Motor Accident Claims Tribunal, Dhule (hereinafter referred to as "the learned Tribunal"), on the only ground that whether major son and daughter, who are not dependent on the income of deceased, can claim compensation on the ground of loss of dependency. 2. It is not disputed that one Sharubala Ravikiran Zol died in an accident which took place on 09.02.2012 when she was going from Dondaicha by-pass road alongwith her husband. It is also not in dispute that initially the motor accident claim petition in respect of deceased Sharubala was filed by her husband Ravikiran and son Tejas. However, during pendency of the claim petition, the husband of deceased die....
X X X X Extracts X X X X
X X X X Extracts X X X X
.....12.2023 in the case of The New India Assurance Co. Ltd vs Anand Pal & ors in SLP (Civil) No. 7805 of 2022 (ii) New India Assurance Co. Ltd. Vs Jaibai & ors MANU/MH/4417/2022 (iii) National Insurance Co. Ltd. Vs Pranay Sethi & ors (2017) 16 SCC 680 (iv) Sarla Verma and ors vs Delhi Transport Corporation and another, (2009) 6 SCC 121 (v) Farzana Abbas Bhai & anr vs Maharashtra State Road Transport Corporation, 2017 (1) TAC 288 (Bom.) 4. On the contrary, learned Counsel for respondent Nos.1 and 2/claimants strongly opposed the submissions made on behalf of the appellant Insurance Company. He pointed out that the judgment of the Hon'ble Apex Court in the case of New India Assurance Co. vs Anand Pal (supra....
X X X X Extracts X X X X
X X X X Extracts X X X X
....the deceased. The Hon'ble Apex Court in case of New India Assurance Co. vs Anand Pal (supra) has made the following observations. "4. In support of his contention, Mr. Kumar relies on Sarla "Verma (Smt.) & Ors. v. Delhi Transport Corporation & Anr. reported in (2009) 6 SCC 121 wherein this Court held as under: "31. Where the deceased was a bachelor and the different principle. In regard to bachelors, normally, 50% is deducted as personal and living expenses, because it is assumed that a bachelor would tend to spend more on himself. Even otherwise, there is also the possibility of his getting married in a short time, in which event the contribution to the parent(s) and siblings is likely to be cut drastically. Further, subj....
X X X X Extracts X X X X
X X X X Extracts X X X X
....dent on the deceased victim. The compensation awarded to the married siblings is therefore found to be unmerited. The appeal is accordingly allowed by setting aside the impugned award of the Motor Accident Claims Tribunal as upheld by the High Court under the impugned judgment". 6. This Court in the aforesaid judgments relied upon by the appellant Insurance Company, has also taken similar view. However, a contrary view has been taken by the Hon'ble Apex Court in the case of National Insurance Co. Ltd. Vs Birender (supra) by observing as follows. "It is thus settled by now that the legal representatives of the deceased have a right to apply for compensation. Having said that, it must necessarily follow that even the major married....
X X X X Extracts X X X X
X X X X Extracts X X X X
....stances, it cannot be said that they were self-sufficient or independent of the deceased. Similarly, applying the exposition in Birender (Supra), there is no reason to exclude a married daughter from compensation. Therefore, in view of this, the High Court erred in excluding these dependants. 8. It is extremely important to note that the Hon'ble Apex Court in the case of New India Assurance vs Anand Pal (supra) did not make any reference to its earlier observation in the case of National Insurance Co. Ltd. Vs Birender (supra). It has decided the issue involved in that appeal independently only by referring its earlier judgment in the case of Sarla Verma. However, when the recent judgment of the Hon'ble Court has reiterated the view taken....
X X X X Extracts X X X X
X X X X Extracts X X X X
....is recalculated as below. 10. The undisputed income by salary of the deceased Sharubala is Rs. 46,623/- per month after deducting income tax and professional tax. The age of the deceased was admittedly 52 years, and therefore, considering the guidelines in the case of Pranay Sethi (supra), 15% of such income has to be added on the count of future prospects. On such addition, the monthly income of the deceased comes to Rs. 53616.45. For the age of deceased the multiplicand of "11" is applicable. Therefore, the amount of loss of dependency comes to Rs. 70,77,371.40. From the said amount one-third amount is to be deducted on the count of personal expenses of the deceased. Thus, on such deduction, the loss of dependency now comes to Rs. 47,1....