FAO No.4382 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.4382 of 2011 Date of decision:11.7.2011 United Insurance Co. Ltd. ...Appellant Versus Lakhbir 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 claim is claimed by the parents on account of death of their married 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 the deceased was 21 years of age and was a married person. The learned Tribunal did not accept the plea of the claimants that the deceased was an agriculturists and in the business of dairy farming. The learned Tribunal assessed the monthly income of the deceased at Rs.4100/- per month. The deceased left behind him three dependents. The claimants were dependent on the income of the deceased. The percentage of deduction for personal expenditure cannot be governed by any rigid rule or formula by universal application. Normally, the deduction of 50% is applied if the claimants are parents. FAO No.4382 of 2011 2 However, in the instant case, the claimants are wife, minor son aged 6 months and widowed mother. In the circumstance, 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