1 S.B.CIVIL MISC. APPEAL NO.860/1998. Smt.Tara Devi & Ors. VS R.S.R.T.C. & Anr. IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL MISC. APPEAL NO.860/1998. Smt.Tara Devi and Others. VERSUS R.S.R.T.C. & Another. 13.11.2009. HON'BLE MR.JUSTICE DALIP SINGH Mr.Gaurav Gupta, for the appellants. Mrs.Pradeep Lata Mathur, for the respondent. ***** Heard learned counsel for the parties and perused the award passed by the learned Tribunal. This appeal has been preferred by the widow and children of the deceased Shiv Narain Soni who was a Driver and died in a road accident involving his own vehicle which was a jeep and a bus belong to the respondent No.1 which was being driven by the respondent No.2. Learned counsel for the appellants has submitted that the learned Tribunal has erred in making deduction of 1/3rd towards personal expenses in the instant case as the Hon'ble Supreme Court in the case of Smt.Sarla Verma and Others Vs. Delhi Transport Corporation and Another reported in 2009 (6) SCC 121 in para 30 has held that where number of dependents is between 4 to 6, a standard 1/4th deduction can alone be made. 2 S.B.CIVIL MISC. APPEAL NO.860/1998. Smt.Tara Devi & Ors. VS R.S.R.T.C. & Anr. I have considered the aforesaid submissions. The Hon'ble Supreme Court in the case of Smt.Sarla Verma (supra) in para 30 has held as follows:- “30. Though in some cases the deduction to be made towards personal and living expenses is calculated on the basis of units indicated in Trilok Chandra, the general practice is to apply standardised deductions. Having considered several subsequent decisions of this Court, we are of the view that where the deceased was married, the deduction towards personal and living expenses of the deceased, should be one- third (1/3rd) where the number of dependent family members is 2 to 3, one-fourth (1/4 th ) where the number of dependent family members is 4 to 6, and one-fifth (1/5th) where the number of dependent family members exceeds six.” Looking to the fact that in the instant case all the six appellants are dependents being the children and widow of the deceased, the present case falls within the category of “number of dependents being 4 to 6” for whose a standard deduction of 1/4th has been prescribed by the Hon'ble Supreme Court. In the facts and circumstances, therefore, the compensation on account of loss of earning is assessed as follows:- Rs.3,000/- being the income (less) Rs. 750/- being 1/4th --------------- Rs.2,250/- X 12 X 18 = Rs.4,86,000/- Learned counsel for the appellant has further 3 S.B.CIVIL MISC. APPEAL NO.860/1998. Smt.Tara Devi & Ors. VS R.S.R.T.C. & Anr. submitted that the learned Tribunal has awarded an amount of Rs.5,000/- towards loss of consortium but has not awarded any amount for loss of love and affection. He submits that, there being five children, at least an amount of Rs.5,000/- each ought to be have been allowed to the children. In view of the above, an amount of Rs.25,000/- towards loss of love and affection to each of the five children is deemed just and proper in the facts and circumstances of the present case, so that an amount of “just compensation” may be arrived at. Since the learned Tribunal has deducted 50% of the amount on account of contributory negligence on the part of the deceased, the total compensation liable to be paid to the appellant is as follows:- Rs.4,86,000/- Loss of income Rs. 2,000/- Towards funeral expenses Rs. 5,000/- Towards loss of consortium Rs. 25,000/- Towards loss of love and affection -------------------- to the children Rs.5,18,000/- (-) Rs.2,59,000/- 50% on a/c of contributory negligence (-) Rs.2,19,500/- Amount already awarded ------------------- Rs.39,500/- ------------------- In the facts and circumstances, therefore, the appeal stands allowed. The appellants shall be entitled to an additional amount of Rs.39,500/- with interest @ 6% p.a. w.e.f. the date of filing of the appeal i.e. 4 S.B.CIVIL MISC. APPEAL NO.860/1998. Smt.Tara Devi & Ors. VS R.S.R.T.C. & Anr. 21.08.1998 upto the date of realization. This amount shall be paid by means of a demand draft in favour of the claimants before the learned Tribunal. There shall be no order as to costs. (DALIP SINGH),J. Solanki DS, Jr.P.A.