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2005 DIGILAW 354 (HP)

SHER SINGH v. RAGHUBIR SINGH

2005-09-20

DEEPAK GUPTA

body2005
JUDGMENT Deepak Gupta, J. (Oral). This appeal by the claimants has been filed for enhancement of compensation. The appeal is directed against the award of the Motor Accident Claims Tribunal (2), Una in MAC petition No. 72/2K K/97/97 decided on 23.4.2001. 2. Since the only point required to decided is with regard to the assessment of compensation, only the evidence relevant for this purpose is being discussed. 3. The deceased Avtar Kaur was travelling in bus No. PB-07A-9585 on 24.8,1997. This bus met with an accident as a result of which Avtar Kaur sustained injuries. She was first taken to the hospital at Una and thereafter she was shifted to PGI, Chandigarh. She died on 26.9.1997 i.e. one month and two days after the accident. The claimants are the husband and four children of the deceased. In the claim petition it was alleged that the deceased used to earn Rs. 3000/- per month. The Tribunal came to the conclusion that the accident had occurred due to rash and negligent driving of the driver of the bus. It held that since the bus was insured with the Oriental Insurance Company, the said insurance company is liable to pay the compensation. The dependency of the family was assessed at Rs. 600A per month and total compensation Rs. 1,07,000/- was awarded in favour of the claimants. 4.1 am unable to agree with the reasoning given by the Learned Tribunal. The Tribunal has assessed the work being rendered by the house-wife at Rs.600/-per month. The Tribunal has done this by coming to the conclusion that the service rendered by the deceased to her family can be replaced by hiring a servant at a salary of Rs.600/- per month. This reasoning is totally fallacious The work being done by a wife and mother cannot be done by a maid-servant. No servant can work for 24 hours at a salary of Rs.600/- per month. Furthermore, such servant would have to be provided food, clothing and other facilities, in any event in my opinion, the role of a mother or house wife should not even be compared to that of a servant. 5. The accident in question bad taken place in the year 1997. The deceased not only had to look after her husband but she also had to look after her four children. 5. The accident in question bad taken place in the year 1997. The deceased not only had to look after her husband but she also had to look after her four children. The contribution of the deceased towards her family has to be estimated at least at Rs. 1500/- per month or Rs. 18 000/- per year. Keeping in view the fact that deceased has left behind her husband and four minor children, it would not be unreasonable to apply a multiplier of 15 and the total compensation payable works out to Rs. 2,70,000/- in addition thereto, the husband is held entitled to Rs. 10,000/-on account of loss of consortium. The minor children who have lost their mother, the love and affection of a mother can never be compensated in terms of money. Therefore, the minors are held entitled to Rs.5000/- for funeral and other expenses. The total compensation works out to Rs. 3,10,000/-. 6. In this case where was sufficient evidence on the record to show that the deceased remained admitted in hospital for more than one month. The substantial amount must have been spent on her treatment. She would have required attendants to be looked after during this period. Therefore, as sum of Rs. 25,000/- is awarded on this count to the claimants. The total amount payable works out to Rs. 3,35,000/- which is apportioned as follows: 1. Sher Singh (husband) Rs 75,000/- 2; Mohinder Singh (minor) Rs. 65,000/- 3. Gurmit Singh (minor) Rs. 65,000/- 4. Ms Rajbinder kaur (minor) 65,000/- 5. Ms. Manjeet Kaur (minor) Rs. 65,000/- Total: Rs. 3,35,000/- 7. In view of the above discussion, the appeal is allowed and the award of the Tribunal is modified and the compensation enhanced from Rs. 1,07,000/- to Rs. 3,35,000/-. The claimants shall also be entitled to interest @ 9% per annum form the date of filing of the claim petition till deposit of the amount. Since the Insurance Company is to indemnify the owner of the vehicle, it is directed to deposit the enhanced amount of compensation in the registry of this Court within 12 weeks from today. -