Judgment:
ORDER
Jagannadha Rao , J.
1. The claimants in this case are the widow and the mother of the deceased. A sum of Rs. 1,65,000/- was claimed, but a sum of Rs. 1,59,000/-plus costs plus interest was awarded. The learned counsel for the appellant, however, tried to challenge the correctness of deduction of Rs. 300/- per month out of the monthly income of Rs. 1,000/- the said deduction having been made towards the personal expenses of the deceased. The learned counsel wanted some guidelines to be laid down uniformly for all cases and placed reliance on the decisions reported in Smt. Manjushri Raha v. B.L. Gupta, : [1977]2SCR944 , Madhya Pradesh State Road Trans port Corporation v. Sudhakar, AIR 1977 SC 1189 and Andhra Pradesh State Road Transport Corporation v. Shafiya Khatoon, 1985 ACJ 149 (F.B.) In our view no guidelines which are of a uniform nature can be laid down so far as deduction in respect of personal expenses of a deceased are concerned. The question would depend upon the facts and circumstances of each case. For example: If the income is small, it is probable that the deceased would have spent more on the family and less upon himself. If the number of children are more, once again the contribution to the family is bound to be more. It also depends upon the occupation of the deceased. However, if incomes are very large, it is possible that an higher share would have gone towards the personal expenses of the deceased. However, if the deceased is the wife, her contribution to the family would have been less than half or even one-fourth depending upon the income of the husband. In major cities, where the bulk of the income earned goes towards house rent etc., the shares of the spouses in respect of their incomes would vary. Therefore, no inflexible formula or any hard and fast rule can be laid down for the purpose of deciding as to what should be the deduction so far as the personal expenses of the deceased are concerned. In Andhra Pradesh State Road Transport Corporation v. Shafiya Khatoon (3 supra) after referring to this aspect this Court has laid down that normally these expenses have been found to vary between 30% to 50% or so approximately. Even sociological studies may depend upon the family conditions, income and the style of living and other peculier features of each family. Therefore, no uniform formula can be laid down as prayed for by the learned counsel.
2. Coming to the facts of this case, we are of the view that so far as the widow is concerned a sum of Rs. 25,000/- and costs should be released in her favour immediately by way of crediting the amount to her account. Out of the remaining amount, a sum of Rs. 25,000/- will be invested for a period of thirty months and the entire balance for sixty months. The interest accruing on those fixed deposits during the period of the fixed deposits shall also be directed to be credited to the account of the widow. At the expiry of the above said periods, the respective fixed deposit amounts will be directed to be credited to the account of the widow.
3. So far as the mother of the deceased is concerned, a sum of Rs. 25,000/- will be permitted to be released in her favour and so far as the entire balance is concerned, the same shall be directed to be deposited in fixed deposit for sixty months. We are doing so because it appears to us that the apportionment in favour of the mother of the deceased is a little on the higher side. The release in favour of the mother of the deceased shall be by way of crediting the amounts to her account. During the currency of the fixed deposit of the mother, the interest shall be permitted to be released in her favour every quarter by crediting it to her account.
4. The court below will incorporate the other incidental directions in relation to payment in accordance with the directions given by this Court in C.M.P. No. 8677 of 1990 in C.M.A. No. 906 of 1990 dated 21-1-1991.