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2001 DIGILAW 1651 (AP)

K. v. Kondaiah Setty VS Belgam Mohiddin (died)

2001-12-18

B.S.A.SWAMY, D.S.R.VERMA

body2001
J U D G M E N T (per the Hon’ble Mr.Justice B.S.A. Swamy) This appeal is filed under Section 15 of the Letters Patent Act aggrieved by the judgment and decree in A.A.O.No.1252 of 1985, dated 8th November, 1988, whereunder the learned single judge of this court enhanced the compensation from Rs.50/- to RS.100/- per month for the services of a servant maid after deducting reasonable percentage due to the fact of payment of the same in lumpsum, and ultimately fixed the said amount at Rs.20,000/- towards loss of domestic services, Rs.5,000/- towards loss of consortium and Rs.5,400/- towards pain and suffering and loss of expectation of life, with 10% interest on the unpaid amount. The facts of this case are that on 23-04-1982 while the deceased Padmavathamma was traveling in a Van bearing No.APA-418 from Sirivel to Nandyal there was a head-on-collusion between the said Van with the RTC bus bearing No.AAZ-2688 at about 2-00 p.m., on Nandyal-lllur road near 5.37 km stone, and she died on the spot. Hence, the husband of the deceased filed M.V.O.P.No.44 of 1982, along with his sons, claiming RS.1,000/- towards funeral expenses, Rs.1,32,000/- towards loss of earnings for 24 years, at the rate of Rs.5.500/- per year, Rs.l0,000/- towards loss of consortium exclusively for the Ist petitioner, Rs.l0,000/- towards love and affection and Rs.20,000/- towards loss of domestic services, but they restricted their claim to Rs.l,00,000/- only. During the trial it came to light that the woman died is of some status and her parents had given her 15 acres of land towards her ‘pasupu kumkama’, and she was getting more than Rs.10,000/- per year on it. The trial court having held that the accident had taken place due to the rash and negligent driving of the Ist respondent and there was no negligence on the part of the driver of the above mentioned van, unfortunately, came to the conclusion that the loss of earnings at the rate of Rs.50/- per month for engaging a cook for doing domestic service, for 22 years, which came to Rs.11,000/- and having deducted 1/3rd of the said amount, as the amount was being paid in lumpsum, awarded Rs.8,800/-and the husband of the deceased was awarded a compensation of Rs.5,000/- towards loss of consortium, Rs.5,400/- towards pain and sufferance, in all a compensation of Rs.19,200/- with 6% interest was given. Aggrieved by the said order and decree, the claimants carried the matter in appeal in A.A.O.No.1252 of 1985, and the learned single Judge of this Court by order, dated 8th November, 1988, enhanced the compensation from Rs.50/- to Rs.100/- per month towards loss of services and after deducting the reasonable percentage due to the fact of payment of the same in lumpsum awarded Rs.20,000/- and the other amounts referred supra. To our mind, the decisions rendered by the superior courts in arriving at the compensation payable to the dependants of the deceased in similar circumstances are not of much help as the person died in instant case is a housewife. Hence, we have to take into consideration the totality of the circumstances in awarding the compensation. Unfortunately, the court below and the learned single judge of this court reduced the value of the minister of a family to that of a domestic servant in arriving at the compensation and awarded a meager amount. Admittedly, the housewife not only cooks and serves food, but also is the minister/administrator of the house. She is the connecting link between generations and watchdog of the properties of the family. Admittedly, due to the sudden demise of the head of the family in the house, there is no safety to the properties of the family as there is every likelihood of the servants indulging in mischievous acts. Further, by the death of a wife not only the husband lost companion, but the children also lost their philosopher and guide, who has to mould their careers apart from love and affection from the natural mother. The counsel representing the respondents submits that the Children of the deceased are majors. We are of the opinion that in a Hindu family whether the children are minors or majors, the advice, solace and comfort they receive from mother, cannot be under estimated and in the instant case, definitely the children, though major, lost the advice of their mother. Admittedly, the deceased lady is having five daughters, and if the mother is not there in the house, the very entry for the married daughters into their parental house will become difficult. As long as the mother is there, she could look after not only their needs, but also their children’s needs. So, all the family members lost the association of the head of the family in the house. As long as the mother is there, she could look after not only their needs, but also their children’s needs. So, all the family members lost the association of the head of the family in the house. Further, she is a woman of some status and any compensation payable to such lady should be commensurate to her status, but she cannot be compared to that of a domestic servant. The counsel for the respondents further submits that there is no loss of earnings for her as her children arc enjoying the fruits of the entire immovable property held by her. Even if the children of the deceased are enjoying the income derived from the immovable property, it cannot be said that they are not entitled to claim compensation for the untimely death of the deceased. Secondly, the deceased lady seems to be 48 years of age at the time of accident and the husband may be of 50 years of age and in the olden days the company of the wife is more required by a husband as all the family affairs might have been settled by them and that is the only age when they have to share their feeling emotionally and philosophically. Loss of wife at such an age will be a severe loss in his life as he cannot possibly go in for a second marriage at that age. So the compensation awarded by the court below as well as the learned single judge towards loss of consortium is too low. Further, the court below and the learned single judge of this court failed to award any compensation towards loss of love and affection to her children. Due to the untimely death of the lady, perhaps, they were forced to engage a domestic servant to provide food for them. So keeping all these factors in view, we are of the opinion that the compensation awarded by the court below and the learned single judge of this court is too meager and it is not at all commensurate with the loss the family suffered. So keeping all these factors in view, we are of the opinion that the compensation awarded by the court below and the learned single judge of this court is too meager and it is not at all commensurate with the loss the family suffered. Hence, in all, we feel that the appellants ‘have to be paid one lakh rupees towards compensation on all the above counts with 9% interest from the date of petition and if any amounts are paid by the respondent-corporation, they shall be deducted and the rest of the amount has to be paid to them within four weeks from the date of receipt of a copy of the order. Accordingly, both the orders of the court below and the learned single judge of this court are set aside and the Letters Patent Appeals are allowed to the extent indicated above. No costs. --X—