Independently earning adult children are not dependants absent evidence of financial dependence.

Ammasi, aged about 66, died in a road accident while travelling as a passenger in a Transport Corporation bus on 12 August 2016.

His wife and four children sought compensation in M.C.O.P. No.130 of 2016.

The Tribunal attributed negligence to the bus driver and awarded ₹7,90,000, calculating loss of income on a monthly income of ₹15,000, deducting one-fifth for personal expenses, and applying a multiplier of five.

The Transport Corporation appealed, accepting the negligence finding but challenging the income assessment and deduction.

Whether the Tribunal’s assessment of the deceased’s monthly income at ₹15,000 was sustainable on the evidence.

Whether a one-fifth deduction for the deceased’s personal and living expenses was appropriate, given that the adult children were not shown to be dependants.

Whether the compensation should be modified to include filial consortium for the deceased’s children and loss of estate.

The appeal was brought under Section 173 of the Motor Vehicles Act, 1988.

Applying Sarla Verma v. Delhi Transport Corporation, the Court stated that major children who are married, living separately and independently earning are not ordinarily dependants unless evidence establishes financial dependency; where they are not dependants, a one-third deduction is appropriate on the facts of this case.

The Court also treated consortium, filial consortium, funeral expenses and loss of estate as heads of compensation in reassessing the award.

The Court found no documentary evidence that the deceased earned more than ₹15,000 per month and considered that figure excessive in light of his age and the absence of proof of income; it therefore reduced the monthly income to ₹12,000.

The wife was the only claimant shown to be financially dependent, while the adult children were separate earning members.

Applying Sarla Verma, the Court deducted one-third, leaving a monthly contribution of ₹8,000; applying the multiplier of five, it assessed loss of income at ₹4,80,000.

It additionally awarded ₹40,000 to the wife for consortium, ₹40,000 each to the four children for filial consortium, and ₹10,000 for loss of estate.

With funeral expenses of ₹20,000, the revised total was ₹7,10,000.

The award was modified from ₹7,90,000 to ₹7,10,000, with interest at 7.5% per annum from the date of the claim petition.

The Corporation was directed to deposit the modified amount with accrued interest within six weeks, if not already deposited.

On deposit, the first claimant may withdraw ₹3,90,000 and each of claimants 2 to 5 may withdraw ₹80,000, together with proportionate interest; any excess already deposited may be withdrawn by the Corporation.

There was no order as to costs.