JUDGMENT Mr. K. Kannan, J.(Oral) - At the asking of the Court Mr. Pardeep Goyal, Advocate, accepts notice on behalf of Mr. N.K.Khosla, Advocate for the Insurance Company. 2. The appeal is for enhancement of compensation for death of the first claimant’s wife who was 25years old. It was consolidated claim petition for compensation for death of the spouse as well as for injuries sustained by the husband and the minor children. The Tribunal awarded Rs.50,000/- for injuries to the minor children and Rs. 5,000/- for the injuries to the husband. The injuries and death are independent causes of action and while Tribunal would be competent to consolidate several cases for disposal, the appellant themselves can not consolidate the claims in one appeal. I do not therefore, propose to examine any claim for enhancement of compensation for injuries sustained in the accident and take up this case only for consideration for death of the wife. 3. The Tribunal awarded Rs.10,000/- for medical expenses incurred and fixed Rs.50,000/- as loss to family and awarded an correct amount of Rs.60,000/- in favour of the claimants. The method of ascertainment of compensation for a spouse was brought through an amendment of Act 58 of 1994, on 14.11.1994, taking the spouse income to be 1/3rd of the earning of the surviving spouse, if the deceased herself had no income prior to the accident. The accident had taken place before the amendment of the Act but even then this was not to state that the householder’s service became possible to quantify only after the amendment of the Act. On the contrary, it should be taken as an instance of recognition of a legal principle for quantifying the service of the spouse. There have been greater certitude coming through the decision of the Hon’ble Supreme Court in Arun Kumar Aggarwal and another vs. New India Assuracne Co. Ltd. reported in [2010 (5) Law Herald (SC) 3538 : 2010(2) Law Herald (Acc.) 1169] : (2010) RAJ 262 that assessed the householder income as value of service to the family which should be not less than 50% of the income of the husband. We have no evidence of the first claimant about his own income and I would take the contribution of a service at Rs.
We have no evidence of the first claimant about his own income and I would take the contribution of a service at Rs. 1,000/- at the relevant time, adopt a multiplier of 12 to determine the annual value and apply a multiplier of 18 to take the extent of loss of the service to the estate at Rs. 2,16,000/- and I would provide Rs. 10,000/- for loss of consortium to the husband and loss of love and affection to the Children and provide for Rs. 2,000/- for funeral expenses. I retain Rs. 10,000/- already determined by the Tribunal for medical expenses. The total compensation that would become payable is Rs. 2,38,000/-. The amount is excess over what has already been provided by the Tribunal shall attract interest at 6% from the date of the petition till the date of the payment. 4. The appeal is allowed to the above extent only. ---------------------