1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1466 OF 2010 IN FIRST APPEAL (ST) NO. 195 OF 2010 Smt.Akkatai Lalso Mane ... Applicant v/s 1. ICICI Lombard General Insurance Co. Ltd. 2. Mahamud Abdul Karim Nadkar ... Respondents Mr.P.J.Pawar for the applicant. Mr.Rahul Mehta i/by KMC Legal Venture for Resp.No.1. CORAM: SMT.NISHITA MHATRE, J. DATED: 21ST APRIL, 2010 P.C.: 1. The civil application has been filed for withdrawal of the amount which has been deposited in the Trial Court. This application is opposed on behalf of the Insurance Company by contending that the income which has been accepted by the Trial Court is incorrect and, therefore, the compensation awarded is in excess. It is also submitted on behalf of the Insurance Company that, even assuming Rs.3600/- is 2 taken as the monthly income of the deceased, the deduction made towards his personal expenses is far less than what the Supreme Court has accepted in the case of an unmarried son. According to the learned advocate for the respondent No.1, 50% must be deducted towards the personal expenses from the income of the deceased and from that 1/3 again must be deducted. He places reliance on the judgment of the Supreme Court in the case of Sayed Basheer Ahamed & ors. v/s Mohd. Jameel & anr., reported in MANU/SC/0006/2009, more particularly on para 18. A perusal of this paragraph does not in any way lend to the interpretation placed by the learned advocate for the appellant. All that, the Supreme Court has stated is that, normally when the deceased is an unmarried son, 50% should be deducted from his income towards his personal expenses, while calculating the compensation. The calculations made in Ground (q) in the appeal are, therefore, incorrect even going by what has been stated in the aforesaid judgment of the Supreme court. The question of paying only 1/3 of the amount calculated does not arise. Therefore, if the contention of the Insurance Company that compensation must be calculated by adopting the measure of deduction of 50% from the income of the deceased, who is an unmarried son is accepted, the amount would be Rs.3,67,200/-. 3 2. In my opinion, 50% of the amount deposited along with the proportionate interest can be withdrawn by the applicant by furnishing security. 3. The Motor Accident Claims Tribunal, Karad, to disburse 50% of the amount deposited, along with the proportionate interest within eight weeks from today on the applicant furnishing security to the satisfaction of the Trial Court. 4. The civil application is allowed accordingly. ..... 4