Reply To: Shiv Kumar & Ors. Vs. Gainda Lal & Ors (21/10/2022)

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advtanmoy
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DEDUCTION

So far as deduction on account of personal expenses of the deceased, following the case of Sarla Verma (Smt) and Others vs. Delhi Transport Corporation and Another [(2009) 6 SCC 121], the Tribunal directed deduction of 1/3rd of the earning of the deceased, the latter being determined on the income of her spouse. That was, in our view, the proper course. We hold so because, even if we leave out the husband of the deceased from being treated as a dependent, there were two minor children at the material point of time who ought to have been treated as dependent family members.