Anugrah Yadav vs Sukhjeet Singh And Ors on 2 May, 2024
In
support of their contention, Ld. counsel for petitioner has relied
upon judgment titled as "The New India Assurance Company
Limited vs. Sunil Parsharam Garud & Ors." First Appeal No.
1271 of 2014 decided on 03.11.2015 by Hon'ble High Court of
Judicature at Bombay. Per contra, contentions of respondent side
are that only child was dependent upon the deceased at the time
of incident. Contentions of both side considered.
10.11(ii) It has come on record in the cross-examination of
PW-1 that petitioner No.4 is a government servant and is earning
handsomely. Petitioner no.3, therefore, cannot be taken as
dependent upon deceased in view of her husband/the petitioner
no.4 being alive and earning handsomely. It has also come on
record in the evidence of PW-3/petitioner No.1 that she is also
working and is earning around Rs.70,000/- per month. The
income of the petitioner no.1 is also certainly way beyond the
proved income of the deceased. The petitioner no.1 therefore,
could also not be taken as dependent upon the deceased in the
present matter. Petitioner No.4 being father of the deceased and
earning can also not be taken as dependent upon deceased.
Hence, only child i.e. petitioner no.2 needs to be taken as
dependent upon deceased. Deduction towards personal and living
expenses of deceased needs to be taken 1/2nd in this matter.