Deceased Vijay Singh was 18 years old and was unmarried. In the case of a bachelor son, as per Sarla Verma & others vs. Delhi Transport Corp. & another (2009)6 SCC 121 50% deduction should have been made towards personal expenses. The plea raised by the appellants was that the deceased had an income of Rs.5,000/per month but they were unable to lead any evidence, therefore, I would not make any change so far as the income of the deceased is concerned but certainly some amount has to be added on account of future increase in the income. An addition of 50% in the income should be made since the deceased was under 40 years of age in terms of Santosh Devi vs. National Insurance Company Ltd. and others, 2012 (6) SCC 421. In that manner, the income of the deceased would be Rs.3,600 + Rs.1,800 =Rs.5,400/- per month. Now 50% deduction has to be made towards personal expenses. The income available would be Rs.2,700/- per month. The annual contribution for the family would be Rs.32,400/-. After applying the multiplier of 14, the compensation would work out to be Rs.4,53,600/-. To this, a sum of Rs.1 lac should be awarded as loss of love and affection, Rs.25,000/- towards funeral expenses making the total compensation to be Rs.5,78,600/-. Out of this amount, Rs.1,77,800/- would be deducted as it was awarded by the Tribunal and the additional compensation would then be Rs.4,00,800/-. This amount would be payable to the appellants with interest @ 6% per annum from the date of filing of petition till realization. The share of the minor sister, who is one of the appellants, shall be deposited in fixed deposit till the child attains majority.
