JUDGMENT “The woman who makes a sweet, beautiful home, filling it with love and prayer and purity, is doing something better than anything else her hands could find to do beneath the skies.” - James Russell Miller. 1.1. This down to earth responsibility of homemaker, which fills the earth with peace and joy coupled with creation of humankind is quite often conveniently forgotten/under estimated, which lead to injustice to the surviving members of the family, if a women dies in an accident as a home-maker. Here is a classic case to vouchsafe that. 2. The deceased Selvi, aged 31 years, earning a sum of Rs.5,000/- per month, a house-maker/cloth merchant, died in an accident that took place on 23.04.2004. In respect of the death, the husband, minor daughter and the mother have filed the claim petition for compensation. 3. The claim was disputed by the respondent in the MCOP/appellant herein, on the ground that the alleged offending vehicle was not involved in the accident and that in fact, it was not at all taken out for the period from 17.04.2004 to 25.04.2004 and therefore, the appellant was not liable to pay any compensation. 4. The Tribunal, on consideration of the materials placed before it, came to the conclusion that it is only the vehicle belonging to the appellant/respondent which got involved in the accident and therefore directed the appellant/respondent to compensate the claimants. Challenging the liability, the appellant has filed this appeal. 5. While quantifying the compensation, the Tribunal has taken the annual income at Rs.15,000/- and total amount of compensation awarded was Rs.1,62,000/-. Contending that the award of compensation is highly inadequate, the claimants have filed the Cross Objection in Cros. Obj.(MD)SR.No.37999 of 2013. 6. The learned counsel for the appellant reiterated the contentions raised in the counter filed before the Tribunal and contended that the claim petition ought to have been dismissed. 7. A perusal of the order passed by the Claims Tribunal would go to show that the First Information Report has been filed in Crime No.314 of 2004 and after investigation, final report has been filed only as against the driver of the appellant. The Tribunal has also noted down that the Doctor made an admission before the Tribunal that he was informed by the police as to the involvement of the vehicle in the accident. The Tribunal has also noted down that the Doctor made an admission before the Tribunal that he was informed by the police as to the involvement of the vehicle in the accident. The concerned driver has been placed under suspension and disciplinary proceedings have been initiated against him. The Motor Vehicle Inspector has noted down the damages caused to the vehicle. The Tribunal has also taken into account the cumulative circumstances and came to the right conclusion that it is only the vehicle belonging to the appellant which got involved in the accident. Therefore, the well considered decision by the Court below does not require any interference by this Court. 7.1. So far as the quantum of compensation is concerned, the deceased, at the time of accident, was aged 31 years and the second respondent-Minor Alagulakshmi was aged only 5 years at the time of death of the deceased. The Tribunal has taken the annual income at Rs.15,000/-, which is the notional income to be taken when there is no evidence at all available on the side of the claimants. 7.2. In the present case, evidence has been let in before the Tribunal stating that the deceased was doing cloth business, but the Tribunal did not accept that evidence stating that there was no documentary evidence adduced to show the business. 7.3. Even assuming that there was no proof to show that the deceased was doing the cloth business, the services rendered by the deceased, which is often described as gratuitous service, has not been considered by the Claims Tribunal. 7.4. In the decision reported in Lata Wadhwa and Others v. State of Bihar and Others AIR 2001 SC 3218 : (2001) 8 SCC 197 : 2001-II-LLJ-1559, the method for quantification of the services of the house wife has been described. In the said decision, it has been held as follows: “So far as the deceased housewives are concerned, in the absence of any data and as the housewives were not earning any income, attempt has been made to determine the compensation, on the basis of services rendered by them to the house. In the said decision, it has been held as follows: “So far as the deceased housewives are concerned, in the absence of any data and as the housewives were not earning any income, attempt has been made to determine the compensation, on the basis of services rendered by them to the house. On the basis of the age group of the housewives, appropriate multiplier has been applied, but the estimation of the value of services rendered to the house by the housewives, which has been arrived at Rs.12,000/- per annum in cases of some and Rs.10,000/- for others, appears to us to be grossly low. It is true that the claimants, who ought to have given datas for determination of compensation, did not assist in any manner by providing the datas for estimating the value of services rendered by such housewives. But even in the absence of such datas and taking into consideration, the multifarious services rendered by the housewives for managing the entire family, even on a modest estimation, should be Rs.3000/- per month and Rs.36,000/- per annum. This would apply to all those housewives between the age group of 34 to 59 and as such who were active in life.” 7.5. The primary responsibility of the home-maker is to ensure that the family is happy, healthy and prosperous. The hard earned money of the husband had to be spent judiciously and remaining to be saved. Finding out ways and means to live frugally so as to preserve the families cash flow. Remaining as a role-model for the children to follow the path. Cook hygienically, nutritiously and neatly, so as to ensure healthy ambiance in the home. To be brief, for the home-maker, to make the home as the heart of the family giving total relaxation and complete freedom and joy to the members of the family, is the critical role willingly undertaken and delightfully discharged. As it is voluntary, it is quite often neglected, forgotten and devalued. Whenever there is a death of the home-maker, the immediate marriage to the widower husband would tell upon the indispensable services rendered by the deceased home-maker. 7.6. When the child was aged 5 years, the child has lost the lap of the mother, which nobody can afford. The guidance and support needed from the mother, especially for a girl child need not be emphasized. 7.6. When the child was aged 5 years, the child has lost the lap of the mother, which nobody can afford. The guidance and support needed from the mother, especially for a girl child need not be emphasized. The Tribunal, unmindful of the consequences of the death, has quantified the compensation in a way which nobody can tolerate. 7.7. Therefore, as rightly contended by the learned counsel for the claimants, the annual income has to be taken at least at Rs.36,000/- and in that event, the monthly income would be Rs.3,000/-. Adopting the multiplier of 16, as she was aged 31, the annual dependency would be Rs.5,76,000/- (Rs.3,000/- x 12 x 16). Accordingly, a sum of Rs.5,76,000/- is awarded towards loss of income. Awarding Rs.25,000/- towards funeral expenses, Rs.10,000/- towards loss of love and affection to the third claimant/third petitioner, Rs.25,000/- as loss of consortium to the first claimant/first petitioner (instead of Rs.10,000/- awarded by the Tribunal), and Rs.50,000/- towards loss of love and affection to the second claimant/second petitioner/minor claimant, the total is quantified at Rs.6,86,000/-, which is just and reasonable. The details of the modified compensation are as under: Heads Amount (Rs.) Loss of dependency 5,76,000/- Funeral expenses 25,000/- Loss of love and affection to the third claimant 10,000/- Loss of consortium to the first claimant 15,000/- Loss of love and affection to the second claimant/minor 50,000/- Total 6,76,000/- 8. In the result, the compensation awarded by the Tribunal is enhanced from Rs.1,62,000/- to Rs.6,76,000/- with interest at 7.5% p.a., from the date of petition till the date of deposit. 9. It is represented that the appellant has not even deposited the original amount as ordered by the Tribunal. The vehicle involved in the accident belongs to the Government, but the Government, which is expected to be a role model litigant, has not even chosen to deposit the meager amount of compensation awarded by the Tribunal. 9.1. The appellant is directed to deposit the entire amount of compensation, as ordered by this Court, within a period of six weeks from the date of receipt of a copy of this judgment. On such deposit, excepting the minor claimant, the first and third claimants are permitted to withdraw their respective shares. 9.1. The appellant is directed to deposit the entire amount of compensation, as ordered by this Court, within a period of six weeks from the date of receipt of a copy of this judgment. On such deposit, excepting the minor claimant, the first and third claimants are permitted to withdraw their respective shares. So far as the second claimant/minor claimant is concerned, her share shall be kept in a fixed deposit in the Indian Bank at Madurai Bench of the Madras High Court, Madurai, renewed periodically, till the minor attains majority. The interest accrued in the deposit shall be directly sent to the first claimant, who will utilize it for the welfare and benefit of the minor. 10. In the result, the Civil Miscellaneous Appeal is dismissed and the Cross Objection in Cross Obj.(MD)SR.No.37999 of 2013 is allowed to the extent indicated above. Consequently, the connected Miscellaneous Petitions are closed. No costs. Ordered accordingly.