FAO No.4381 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.4381 of 2011 Date of decision:11.7.2011 United Insurance Co. Ltd. ...Appellant Versus Sukhwinder Kaur and others ...Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Suvir Dewan, Advocate, for the appellant. -.- Jitendra Chauhan, J. (Oral) The sole argument raised by the learned counsel for the appellant is that in the cases, where the compensation is claimed by the parents on account of death of their unmarried son, the deduction would be made to the extent of 50% and not 1/3rd as deducted in the instant case. A perusal of the file would reveal that the deceased was in the age group of 18-20 years and he was unmarried. The deceased left behind him two dependents. The claimants were dependents on the income of the deceased. In Bilkish Vs. United India Insurance Company Limited and another, (2008) 4 SCC 259, wherein in has been observed as under:- “4. After hearing learned counsel for the parties, we are of the opinion that the view taken by the High Court & Tribunal is not correct. The incumbent was a bachelor and he could not have spent more than 1/3rd of his total income for personal use and rest of the amount earned by him would certainly go to the FAO No.4381 of 2011 2 family kitty. Therefore, determining the loss of dependency by 50% was not correct. Therefore, we assess that he must be spending 1/3rd towards personal use and contributing 2/3rd of his income to his family.” Normally, the deduction of 50% is applied, if the claimants are parents. However, in the instant case the claimants are widowed mother and a minor sister, who is to receive education and is to be married. Therefore, I feel that the learned Tribunal has rightly deducted 1/3rd of the income of the deceased towards his personal expenses. In view of the above, the present appeal is dismissed being devoid of any merit. 11.7.2011 (JITENDRA CHAUHAN) mk JUDGE Note: Whether to be referred to the Reporter? Yes / No