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2013 DIGILAW 2522 (ALL)

Ajai Kumar Singh v. Shukat Ali & Another

2013-10-04

BHARATI SAPRU

body2013
Bharati Sapru,J.:- As the controversy involved in both the appeals is identical, the same is being decided by the common judgment and order treating the F.A.F.O. no.208 of 1996 as leading case. 2. Heard learned counsel for the appellant and the learned counsel for the respondents. 3. This is a claimant's appeal seeking enhancement against the judgment and order dated 5.1.1996 passed by the tribunal in M.A.C.P. no.160 of 1993. 4. The facts of this are are not disputed. The tribunal while examining the case has come to the clear conclusion that the appellant and his wife were travelling on a motorcycle when they met an accident on 26.3.1993. 5. The appellant Ajay Kumar Singh received injuries and his wife Smt. Saroj Singh died instantaneously as a result of accident with truck no.UHP-399 which was being driven rashly and negligently bu the driver. 6. The tribunal has recorded that the responsibility for the accident was clearly upon the driver and motorcycle was found to be driving on the stream left. 7. The tribunal has awarded a sum of Rs.20,000/- for the fracture injuries sustained by the appellant in tibia and fibula bones. The tribunal has also awarded only a sum of Rs.30,000/- as loss of consortium. 8. Learned counsel for the claimant appellant has placed reliance on the decision of the Hon'ble Apex Court in the case of Lata Wadhwa and others versus State of Bihar and others, reported in (2001) 8 SCC 197 . He argues that the loss of wife and a mother in the family is a grievous loss and even in a case where the wife is not a earning member, then too, her services to the family cannot be discounted so easily. Her services are invaluable as she forms backbone of the family. 9. Hon'ble Apex Court, in the case of Arun Kumar Agrawal versus National Insurance Co. Ltd. reported in AIR 2010 SC 3426 has held that contribution of the wife and mother in the family for managing the affairs of home and upbringing the children is invaluable and her dedication and services cannot be computed in terms of money. 10. 9. Hon'ble Apex Court, in the case of Arun Kumar Agrawal versus National Insurance Co. Ltd. reported in AIR 2010 SC 3426 has held that contribution of the wife and mother in the family for managing the affairs of home and upbringing the children is invaluable and her dedication and services cannot be computed in terms of money. 10. Having heard learned counsel for the parties and having perused the material on record as well as the law laid down by the Hon'ble Apex Court, I am of the opinion that contribution and support by wife/mother in the family is invaluable and the gratuitous services rendered by wife with love and affection towards the children for their upbringing and education and her support to the husband by managing the household affairs and constant attendance to the family throughout day and night, cannot be valued in terms of money and equated with paid services rendered by an employee. 11. The tribunal while examining this aspect of the matter has therefore rightly come to the conclusion that at least an amount of Rs.20,000/- per annum should be determined in the case of a housewife and thereafter a multiplier of 18 should be applied taking into consideration the age of the deceased wife who was aged about 25-30 years. As such the amount of compensation is, accordingly, enhanced to Rs.3,60,000/- with interest of 9% p.a. In so far as the amount awarded to the claimant concerned for his injury, the amount is adequate, no change is made in that. The rest of the award is confirmed. Both the appeal are disposed of as above. No costs. ___________