For a married deceased, personal expenses are ordinarily deducted at one-third, even with one dependent.

The deceased, Ghana Mary, died when the car in which she and the claimant were travelling was struck by a train at an unmanned railway crossing.

The Tribunal found the car driver negligent and awarded ₹57,52,136 in compensation.

The Insurance Company’s appeal under Section 173 of the Motor Vehicles Act, 1988, did not challenge the findings on negligence or liability; it challenged only the deduction applied for the deceased’s personal and living expenses.

The deceased was married, and there was one claimant/dependent.

Whether, for a married deceased with only one claimant/dependent, the deduction towards personal and living expenses should be one-half or one-third of the income.

Under Sarla Verma (Smt.) v. Delhi Transport Corporation, as approved in National Insurance Co. Ltd. v. Pranay Sethi, the ordinary deduction for a married deceased is one-third towards personal and living expenses; the deduction is not converted to one-half merely because there is only one claimant.

A one-half deduction ordinarily applies in the case of a bachelor.

The Supreme Court’s decision in Ved Kanwar & Ors. v. Babulal & Ors., SLP (C) Nos. 5776–5777 of 2023, reiterated that a one-third deduction is the minimum ordinary deduction where the deceased was married, even if other claimants are not dependants.

The Court rejected the Insurance Company’s argument that the deduction depended solely on the number of dependants.

It treated the deceased’s marital status—not the fact that only one claimant had approached the Tribunal—as decisive under the applicable principles.

Since the deceased was married, the Tribunal correctly deducted one-third of her income.

The Insurance Company identified no basis to interfere with that calculation, and its other challenges to negligence and liability were not before the Court.

The Insurance Company was directed to deposit the award, with interest as ordered by the Tribunal and credit for any amount already deposited, within six weeks of receiving the judgment; the claimant may withdraw the amount in accordance with the Tribunal’s apportionment.

No order as to costs.