P&H HC Upholds ₹26.35 Lakh Award to Widow and Son, Retaining One-Third Deduction for Married Deceased Despite Son’s Earnings

Dinesh Kumar died after his motorcycle struck a dumper parked in the middle of the road.

The Motor Accident Claims Tribunal awarded his widow and son ₹26,35,904, applying a one-third deduction for his personal and living expenses.

The insurer appealed, arguing that the son had admitted earning ₹7,000–₹8,000 per month and being self-dependent; it contended that a one-half deduction should therefore apply.

In Sarla Verma v. Delhi Transport Corporation, the Supreme Court prescribed standard deductions for a married deceased: one-third where there are two or three dependent family members, one-fourth where there are four to six, and one-fifth where there are more than six; for an unmarried deceased, the usual deduction is one-half.

In The New India Assurance Company Ltd. v. Smt. Ramesh Kanta Sharma, the Punjab and Haryana High Court held that a married deceased with only one dependent should not be equated with a bachelor and applied a one-third deduction.

The Court also relied on Daya @ Dayawanti v. Arjun, which applied a one-third deduction where the deceased’s widow was the sole dependent.

The Motor Vehicles Act is beneficial legislation, and compensation must be just.

The Court accepted that the son’s admission established that he was not dependent on the deceased.

It nevertheless rejected the insurer’s proposed one-half deduction.

The deceased was married, and the cited decisions supported applying a one-third deduction even where only one claimant was dependent; a married person could not be treated like a bachelor merely because the number of dependents was limited.

The Tribunal had therefore correctly calculated the deduction.

It found no infirmity or illegality in the Tribunal’s award and dismissed the insurer’s appeal; pending applications were also disposed of.