Daya
Vs.
Arjun and others
2023:PHHC:107450
Coram HON’BLE MR. JUSTICE SANJAY VASHISTH
DATE: 17.08.2023
FACTS:
In a brief overview of the case, on January 10, 2005, at 5:00 p.m., the deceased individual embarked on a journey to Delhi in his truck with license plate HR-38-BG-5027 from Punjab. Around 9:00 p.m. on the same day, near the brick kiln of Sambli village on the route from Dhand to Karnal Road, a canter registered as HR-64-0903 collided with the deceased’s truck from the left side of the road. Tragically, Sarwan Kumar, the deceased, lost his life immediately. The argument put forward was that the said canter was being operated recklessly and negligently.
COURT ANALYSIS AND DECISION:
Being a housewife and a widow named Daya, also known as Dayawanti, she not only has the responsibility of taking care of herself but also of managing her household. If a deduction of ½ (half) is applied to the deceased’s income, it will result in significant difficulties for the widow and cause her considerable hardship. Therefore, in the pursuit of justice, this Court believes that the deduction for personal expenses in this particular instance should be 1/3rd of the deceased’s income. Consequently, the widow, who is the sole claimant, should be entitled to the remaining 2/3rd of the deceased’s income.
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Written by- Srijan Garg
