Unrebutted evidence of dependent sisters warrants a one-third deduction for personal expenses.

In brief

The question

1. Whether the deceased’s two sisters were dependants such that only one-third, rather than 50%, of his income should be deducted for personal and living expenses.

The court held

The appeal was allowed in part.

It also directed

The Court modified the Tribunal’s award and enhanced total compensation to ₹32,89,872, an increase of ₹9,09,672, with interest at 6% per annum from the date of the claim petition until realisation.

Of the enhanced amount, ₹50,000 was directed to be released to each sister, with the balance dealt with as specified for the mother; the Corporation was directed to deposit the enhanced compensation within six weeks of receiving the certified copy of the judgment.

01Facts

The claimants sought compensation for the death of Saimanikanta, aged about 19, in a road accident on 20 February 2022 involving a NEKRTC bus.

pp. 3–8, 11–12

The claimants were his mother and two elder sisters.

pp. 3–8, 11–12

The Tribunal awarded ₹23,80,200, including loss of dependency calculated after deducting 50% of the deceased’s income on the basis that only his mother was dependent.

pp. 3–8, 11–12

The mother appealed, contending that the unmarried sisters were also dependent, that the deceased’s driving licence supported a higher income assessment, and that compensation under conventional heads was inadequate.

pp. 3–8, 11–12

02Issues

i.1. Whether the deceased’s two sisters were dependants such that only one-third, rather than 50%, of his income should be deducted for personal and living expenses.

pp. 11–15

ii.2. Whether the deceased’s income should be assessed above the Tribunal’s notional-income figure, having regard to his driving licence and skill.

pp. 15–20

iii.3. Whether the compensation awarded under the conventional heads required reassessment.

pp. 21–23

03Law Applied

Under Section 173(1) of the Motor Vehicles Act, an aggrieved party may appeal against a Tribunal’s award.

p. 2

Applying Sarla Verma v. Delhi Transport Corporation, the Court considered the deduction for the deceased’s personal and living expenses and the applicable multiplier.

p. 11, 20

It applied the future-prospects principles and conventional-head amounts associated with National Insurance Co. Ltd. v. Pranay Sethi, including amounts for funeral expenses and loss of estate, subject to periodic enhancement.

pp. 21–22

The Court also treated uncontroverted testimony as evidence of the sisters’ dependency and relied on the driving licence, which had been marked without objection and whose authenticity was not challenged in cross-examination, in assessing the deceased’s income.

pp. 12–20

Provisions in the judgment · 1 · Linked ones open on LawLens

Motor Vehicles Act, 1988 Section 173

04Reasoning

The mother testified that both sisters depended on the deceased, and the Corporation did not elicit evidence in cross-examination to show that they were married or otherwise not dependent.

pp. 12–15

The Court also noted that their father was deceased; on the evidence, it found their dependency more probable and held that a one-third deduction was appropriate.

pp. 12–15

The deceased’s driving licence, marked as Ex.P9 without objection and not challenged as fabricated, showed authorisation to drive a non-transport vehicle.

pp. 15–20

Considering that skill, the Court adopted the KSLSA notional income for 2023—₹15,500 per month—instead of the Tribunal’s 2022 figure of ₹14,750, and added 40% for future prospects.

pp. 15–20

After deducting one-third and applying a multiplier of 18, it assessed loss of dependency at ₹31,24,872.

pp. 15–20

It reassessed the conventional heads, removing the separate award for mental shock and agony and awarding sums for funeral expenses, loss of estate, and consortium-related claims.

pp. 21–23