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Sarla Verma & Ors vs Delhi Transport Corp.& Anr on 15 April, 2009

11. Here, it may be noted that in the case on hand the deceased, Manish, was aged about 19 years and was working as cleaner. Therefore, there is no need to determine the income of the deceased Manish notionally, as is done by the Apex Court and this Court in the above cited decisions. As per the claim of the appellants- claimants, the deceased was earning about Rs.3,300/- per month by working as cleaner and some reasonable amount by doing courier service, but, they produce no documentary evidence to substantiate the same. However, taking into consideration the fact that the accident is of the year 1994 and the deceased was working as cleaner, the income of the deceased can be reasonably assessed at Rs.3,000/- per month. The deceased Manish was bachelor, and hence, as per the ratio laid down by the Apex Court in the case of "SARLA VERMA AND OTHERS VS. DELHI TRANSPORT CORPORATION AND ANR.", (2009) 6 SCC 121, 1/2 amount is required to be deducted towards personal expenses and not 2/3 as is done by the Tribunal. Thus, on deducting ½ amount, the monthly loss of income would come to Rs.1500/-.
Supreme Court of India Cites 12 - Cited by 20141 - R V Raveendran - Full Document
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