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2014 DIGILAW 679 (PNJ)

Siri Chand v. Narender Singh

2014-04-07

JITENDRA CHAUHAN

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JUDGMENT JITENDRA CHAUHAN, J. The present appeal has been filed by the Claimants/appellants, seeking enhancement of the compensation awarded by the learned Motor Accident Claims Tribunal, Kurukshetra (for short 'the Tribunal'), vide award dated 26.02.2011, on account of the death of Sushma Devi alias Shusham Lata, in a motor vehicular accident, which took place on 19.06.2009. Learned counsel for the appellants submits that the learned Tribunal has wrongly deducted amount of Rs.8,00/per month from the income of the deceased after holding the deceased to be a house wife. He relies upon the judgement rendered by the Hon'ble Supreme Court in Lata Wadhwa Vs. State of Bihar, 2001(4) RCR(Civil), 673, in case the deceased was a house wife, she would have been contributing to the services rendered towards the household. He further submits that the learned Tribunal has not awarded any amount on account of loss of consortium and loss of love and affection, care and guidance of the minor child. On the other hand, the learned counsel for the respondents No.3 and 4 has argued that the amount of compensation awarded by the learned Tribunal is just and adequate and does not call any interference. I have heard the learned counsel for the parties and perused the record carefully. It is an admitted fact that the services of a household lady rendered towards maintenance of the household, upbringing of the children etc. cannot be quantified in terms of monetary value. However, for the purpose of assessment of compensation to be paid to the claimants in cases of death of a household lady, this Court is of the considered view that onethird deduction on account of personal expenses of the deceased, is uncalled for. Rather, no deduction should be made on account of personal expenses in such like cases or it should be as low as onetenth, depending upon the facts and circumstances of each case. Keeping in view the facts and circumstances of the present case, this Court holds that no cut on account of personal expenses is to be applied in the instant case. In view of the above, the amount of 'dependency' under the said head comes to Rs.4,000/x 12 x 13= Rs.6,24,000/. The Tribunal has already awarded compensation amounting to Rs.4,99,200under the head of dependency. Thus, the balance amount payable would come to Rs.1,24,800/towards dependency. In view of the above, the amount of 'dependency' under the said head comes to Rs.4,000/x 12 x 13= Rs.6,24,000/. The Tribunal has already awarded compensation amounting to Rs.4,99,200under the head of dependency. Thus, the balance amount payable would come to Rs.1,24,800/towards dependency. Similarly, in view of the judgment rendered by the Hon'ble Supreme Court in Vimal Kanwar and others Vs. Kishore Dan and others 2013 (3) PLR 776, this Court enhances the following compensation, which would meet the ends of justice: Sr. No. Heads From To 1. Loss of consortium payable to the husband Rs.1,00,000/ 2. Loss of love and affection, care and guidance payable to the minor child Aarti Devi Rs.1,00,000/ Total Rs.2,00,000/ Ordered accordingly. In view of the above, the claimants appellants are entitled to the enhanced compensation of Rs.3,24,800/{Rs.1,24,800/(loss of dependency) + Rs.2,00,000/(under conventional heads)], over and above, the amount already awarded by the learned Tribunal, which shall be payable to the claimants appellants, in the manner indicated in the impugned award, within a period of 45 days from the date of the receipt of the certified copy of this judgement, failing which, the appellants shall also be entitled to get interest @ 7.5 % per annum from the date of the filing of the appeal, till its realization. With the aforesaid modification in the impugned award, the present appeal is partly allowed.