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Royal Sundaram Alliance Insurance ... vs Smt. Anjani W/O. Ajit Kulkarni on 6 February, 2014 cites

Shakti Devi vs New India Insurance Co. Ltd. & Anr on 9 November, 2010

Insofar as deduction of 1/3rd made by the Tribunal is concerned, Sri Raichur would contend that the sister cannot be construed as a dependant in view of the law laid down by the Apex Court in SHAKTI DEVI VS. NEW INDIA INSURANCE COMPANY LIMITED AND : 12 : ANOTHER (Civil Appeal No.3660/2006 dated 09.11.2010) whereunder the Apex Court considered as to the mode, method and extent of deduction to be made towards personal and living expenses and held that if the deceased is survived by the parents and siblings only the mother would be considered to be a dependant and 50% would be treated as personal and living expenses of the deceased bachelor and 50% as the contribution to the family. A caveat has also been put by Their Lordships holding that in the event family of a deceased bachelor is large and dependant on income of the deceased as in a case where a widowed mother and large number of younger non-earning sisters or brothers are dependants, his personal and living expenses can be restricted to 1/3rd and contribution to the family will have to be taken as 2/3rd. It has been held as under:
Supreme Court of India Cites 9 - Cited by 272 - R M Lodha - Full Document

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

10. It also requires to be noticed that Tribunal has taken into consideration age of the deceased to adopt the multiplier. Deceased was aged 23 years and as such, Tribunal has adopted the multiplier of 18 whereas mother of the deceased who is younger of the living parent was aged 54 years as on date of demise of her son and even according to her affidavit filed in lieu of : 17 : examination-in-chief her age is 54 years. Her evidence was tendered in the year 2013 i.e., one year after the date of accident. Hence, even if the age of the mother is to be considered at either 52 years or 53 years, appropriate multiplier as per SARLA VERMA VS. DELHI TRANSPORT CORPORATION (2009 (6) SCC 121) case would be 11.
Supreme Court of India Cites 12 - Cited by 20141 - R V Raveendran - Full Document

New India Assurance Company Ltd vs Smt. Shanti Pathak And Ors on 10 July, 2007

814) whereunder it has been held that age of deceased has no relevance in adopting appropriate multiplier when the claimants are parents and after noticing the judgment of three Judges in the case of NEW INDIA ASSURANCE COMPANY LTD., VS. SHANTI PATHAK AND OTHERS (2007 ACJ 2188), this Court in the case of BANGALORE METROPOLITAN TRANSPORT CORPORATION, CENTRAL OFFICE VS. B.N.NAGESH AND ANOTHER (ILR 2013 KAR 739) has held that age of the younger parent is to be taken and not the age of the deceased.
Supreme Court of India Cites 1 - Cited by 504 - A Pasayat - Full Document

Bangalore Metropolitan Transport ... vs Sri B N Nagesh on 7 December, 2012

814) whereunder it has been held that age of deceased has no relevance in adopting appropriate multiplier when the claimants are parents and after noticing the judgment of three Judges in the case of NEW INDIA ASSURANCE COMPANY LTD., VS. SHANTI PATHAK AND OTHERS (2007 ACJ 2188), this Court in the case of BANGALORE METROPOLITAN TRANSPORT CORPORATION, CENTRAL OFFICE VS. B.N.NAGESH AND ANOTHER (ILR 2013 KAR 739) has held that age of the younger parent is to be taken and not the age of the deceased.
Karnataka High Court Cites 19 - Cited by 5 - A Kumar - Full Document
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