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2005 DIGILAW 481 (HP)

ASHOK SHANDIL v. SUBHASH CHAND

2005-12-20

DEEPAK GUPTA

body2005
JUDGEMENT Deepak Gupta, J. (Oral). This appeal by the claimants is directed against the award of the Motor Accident Claims Tribunal, Solan in MAC Petition No. 49-S/2 of 1998 decided on 19.6.2000. 2. The claimants are the husband and two minor children of deceased Smt. Rita Shandil. The deceased was a graduate from HP. University and obtained tailoring and cutting training for a period of one year from Nehru Yuvak Kendra, Solan. According to the husband, the deceased was also doing her own business of tailoring Mohali. The husband Ashok Shandil in private employment in Mohali. The minor children were aged 8 and 13 years at the time of the accident. The learned Tribunal has assessed the income of the deceased at Rs.5000/- per month but has taken the dependency of the family at Rs.1000/- per month. The Tribunal has awarded a sum of Rs.2,16,000/- as loss of dependency, Rs.40.000/- for loss of living being of the family, Rs.10,000/- as post death expenses and Rs.2000/- as litigation cost. The total award of Rs.2,68,000/- was made in favour of the claimants . The claimants aggrieved against the award of the Tribunal have filed the present appeal. 3, 1 have heard Shri Ramakant Sharma learned counsel for the claimants as well as Shri Lalit Sharma, learned counsel for respondent No.3. 4. From the evidence on record, it is apparent that the decease was an educated young lady. The husband stated that the deceased was also doing her own business of tailoring. This fact has also been supported by PWs 4 and 5 who are neighbours of the deceased and who had got some clothes stitched from her. There is no proof on record with regard to her income. However, it is clear that the deceased in addition to looking after her household work was doing the tailoring business to augment the house hold income. While assessing the compensation in case of house-wife, one must keep into consideration the fact that normally in Indian homes, it is the lady who does most of the household work especially when she is not in organized employment. A lay has to manage the house, children and day to day chores which are taken to be part and parcel of the household duties of a woman. 5. A lay has to manage the house, children and day to day chores which are taken to be part and parcel of the household duties of a woman. 5. Keeping in view the monetary value as existing in 1998, it would not be unreasonable to assess the contribution of the wife towards the household expenses at Rs.2500/- per month. An educated house-wife would also to look after the education of her children, help them to do home work etc., and also help the children especially the daughter in their day to day activities. 6. In addition thereto, the wife was also earning some amount form doing her tailoring work etc. which also formed part of the household income. Some of this amount must have been spent by the on her personal expenses. The husband was also employed and was not dependent upon the deceased. Taking al these factors into consideration, it would not be unreasonable to assess the loss to the family Rs.2500/- per month or Rs.30,000/- per annum. 7. Next comes the question of applying the appropriate multiplier. The age oft the husband was about 40 years. The children were 8 and 13 years old. Keeping all these factors into consideration, in my opinion, the appropriate multiplier to be used in the present case should be 14 and the compensation for loss of dependency works out to Rs.4,20,000/-. In addition thereto, the claimants are held entitled to Rs.10,000/- for funeral expenses and conventional damages. The has band is also entitled to Rs.10,000/- for loss of consortium. The minor children who have lost their mother, guide and mentor, who would have guided them for their betterment in life are held entitled to Rs.10,000/- for loss of love and affection. The total amount of compensation works out to Rs.4,60,000/-. The claimants shall also be entitled to interest at the rate of 9% per annum on this amount from the date of filing of the claim petition i.e. 22.9.1998 till the ate of deposit of the amount. This amount is apportioned as follows- 1. Ashok Shandil (father) Rs. 1,60,000/- 2. Tania alias Anu (daughter) Rs. 1,50,000/- 3. Himanshu Shandil (son) Rs. 1,50,000/- Total Rs. 4,60,000/- 8. The respondents are held jointly and severally liable to pay this amount. This amount is apportioned as follows- 1. Ashok Shandil (father) Rs. 1,60,000/- 2. Tania alias Anu (daughter) Rs. 1,50,000/- 3. Himanshu Shandil (son) Rs. 1,50,000/- Total Rs. 4,60,000/- 8. The respondents are held jointly and severally liable to pay this amount. Since the vehicle in question was insured with respondent No 3 Insurance Company, it is directed to deposit the enhanced amount of compensation in the registry of this Court within 12 weeks from today failing which it shall be liable to pay interest at the rate of 12% per annum form today. 9. In view of the aforesaid discussion, the appeal filed by the claimants is allowed and the amount of compensation enhanced from Rs.2,68,000/- to Rs.4,60,000/- along with interest as aforesaid. No costs.