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1997 DIGILAW 74 (DEL)

MALI DEVI v. SUKHBIR SINGH

1997-01-17

M.S.A.SIDDIQUI

body1997
M. S. A. SIDDIQUI ( 1 ) THIS appeal has been Filed against an award dated 25-1-1983 made by the Motor Accident Claims Tribunal. Delhi. By the impugned award the Tribunal has granted to the claimants compensation of Rs. 37,000. 00/- ( 2 ) THE short question which arises for consideration in this appeal relates to the quantum of compensation payable to the legal heirs of the deceased Smt. Hukmo Devi, who met with a fatal motor accident on 10-12-1979. Her legal representatives preferred a claim of Rs. One lac. Taking her earning capacity at Rs. 300. 00 per month, it w as estimated that she spent Rs. 150. 00 per month on her family. The Tribunal adopted multiplier of 15 years. The compensation was worked out at Rs. 27. 000. 00 to which an additional amount of Rs. 10. 000. 00/- was added on account of loss of consortium to the husband and loss of love and affection of the children. Aggrieved by the said award the appellant has preferred this appeal. ( 3 ) NOTICE to this appeal is confined to the quantum of compensation payable to the claimants. Learned counsel for the appellant has contended that learned Tribunal has erred in assessing the loss of dependency, at Rs. 300. 00 per month and has also committed grave error in adopting the multiplier of 15 years in awarding the compensation. It is now well settled that the loss of dependency has to be ascertained by first determining the monthly income of the deceased, then deducting therefrom the amount spent on the deceased, and thus assessing the loss to the dependents of the deceased. The appeal dependency assessed in this manner is then to be multiplied by the use of an appropriate multiplier. ( 4 ) IN the instant case the deceased Hukmo Devi was 35 years of age. She was an household lady and it has come in the evidence other husband Sukhbir Singh Public Witness-5 that she used to assist him in carrying out agricultural operations. It has to be borne in mind that the sen ices of a house wife or a mother even though rendered gratuitously do indeed have a monetary value in respect of which the claimants are entitled to compensation. Smt. Hukmo Devi died leaving behind her - husband and six children. It has to be borne in mind that the sen ices of a house wife or a mother even though rendered gratuitously do indeed have a monetary value in respect of which the claimants are entitled to compensation. Smt. Hukmo Devi died leaving behind her - husband and six children. The deceased, as a house wife w as looking after the household and was providing services as such to both her husband and her children and would have continued doing so for many years more. These services cannot be weighed in golden scales. Taking into consideration all these factors, the learned Tribunal has assessed the loss of dependency at Rs. 150. 00 per month and applied multiplier of 15 years in awarding the compensation ofrs. 37. 000. 00 to the claimants. In my opinion, the learned Tribunal has not committed any illegality in awarding the said compensation to the claimants. ( 5 ) IN the result. I find the appeal meritless. It deserves to be dismissed with costs.