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Ahmedabad vs Ramanbhai

High Court Of Gujarat|28 February, 2012

JUDGMENT / ORDER

Para 31 of the decision of the Hon'bel Supreme Court in case of Sarla Verma (Smt) and others versus Delhi Transport Corporation and another reported in (2009) 6 Supreme Court Cases 121 reads as under:
"31. Where the deceased was a bachelor and the claimants are the parents, the deduction follows a different principle. In regard to bachelors, normally, 50% is deducted as personal and living expenses, because it is assumed that a bachelor would tend to spend more on himself. Even otherwise, there is also the possibility of his, getting married in a short time, in which even the contribution to the parent(s) and siblings is likely to be cut drastically. Further, subject to evidence, to the contrary, the father is likely to have his own income and will not be considered as a dependant. In the absence of evidence to the contrary, brothers and sisters will not be considered as dependants, because they will either be independent and earning, or married, or be dependent on the father."
The claimants are not entitled for the compensation. However, Mr. Khan, learned advocate for the respondent is not present. In the interest of justice and as a last chance, matter is adjourned to 07.03.2012.
(K.S.JHAVERI, J) niru* Top
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Title

Ahmedabad vs Ramanbhai

Court

High Court Of Gujarat

JudgmentDate
28 February, 2012