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2016 DIGILAW 237 (RAJ)

Bhagwan Sahay v. Ganguram

2016-02-11

KANWALJIT SINGH AHLUWALIA

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JUDGMENT : Kanwaljit Singh Ahluwalia, J. On 28.5.1994 at about 5:30 PM, on National Highway No.11 near village Sikandara Ki Dhani, Kumari Bina and Smt. Durga Devi were travelling in tractor. The tractor was parked on the side, when a Tanker bearing Registration No. GJ 12 T 8512 came from the side of Manpur in a rash and negligent manner and collided with the parked tractor. As a result thereof, Smt. Durga Devi and Kumari Bina died. Legal heirs of Durga Devi filed a claim petition. The said claim petition was decided by the Motor Accident Claims Tribunal, Dausa Camp at Bandikui by giving award dated 6.2.1996. 2. The finding given by the Tribunal that the accident had occurred due to rash and negligent driving of offending vehicle has not been assailed. The present appeal has been filed for enhancement of the award given in favour of the claimants of Durga Devi. 3. The Tribunal in its award determined the age of Durga Devi as 45 years. The Tribunal noted that in his testimony Ram Dayal A.W.1 son of Durga Devi deceased deposed that Durga Devi was earning Rs.2500/- per month as a labourer and being a housewife was contributing for up-keep of her family. It is also admitted fact that Durga Devi after accident was admitted in SMS Hospital, Jaipur, where she died after six days of the occurrence. The Tribunal noted that Post Mortem of Durga Devi was performed on 3.6.1994 and the occurrence had taken place on 28.5.1994, therefore, Durga Devi in an injured condition was taken to the hospital at Jaipur. The Tribunal awarded Rs.2,000/- as transportation expenses for taking injured to the hospital. The Tribunal held that there is no evidence brought on record that Durga Devi was earning Rs.2,500/- per month as a labourer. However, the Tribunal assessed Rs.600/- per month as contribution of Durga Devi towards family and assessed his annual income as Rs.7,200/-. The Tribunal further held that out of said income, ?rd is to be deducted as personal living expenses for Durga Devi and thereafter, applied multiplier of 12 and awarded Rs.89,600/- as compensation. Besides the above amount, the Tribunal also awarded Rs.5,000/- to each family member towards physical pain and loss. The Tribunal further held that since offending vehicle was insured with the respondent No.4 United India Insurance Co. Besides the above amount, the Tribunal also awarded Rs.5,000/- to each family member towards physical pain and loss. The Tribunal further held that since offending vehicle was insured with the respondent No.4 United India Insurance Co. Ltd., Jaipur, the amount of compensation is liable to be paid by the Insurance Company. 4. Nobody has appeared on behalf of the Insurance Company. 5. The learned counsel for the appellant has relied upon the case of Lata Wadhwa & Ors. v. State of Bihar & Ors. 2001 ACJ 1735, and contended that Supreme Court in the said case had determined income of deceased housewife in the age group of 34 to 59 years as Rs.36,000/- per annum. It is stated that incident in the case of Lata Wadhwa (supra) had taken place in March, 1989. The learned counsel for the appellant has further relied upon Arun Kumar Agrawal & Anr. v. National Insurance Co. Ltd. & Ors., 2010 ACJ 2161 , wherein for determining the contribution of housewife, it was observed as under:- "23. In India the Courts have recognised that the contribution made by the wife to the house is invaluable and cannot be computed in terms of money. The gratuitous services rendered by wife with true love and affection to the children and her husband and managing the household affairs cannot be equated with the services rendered by others. A wife/mother does not work by the clock. She is in the constant attendance of the family throughout the day and night unless she is employed and is required to attend the employer's work for particular hours. She takes care of all the requirements of husband and children including cooking of food, washing of clothes, etc. She teaches small children and provides invaluable guidance to them for their future life. A housekeeper or maidservant can do the household work, such as cooking food, washing clothes and utensils, keeping the house clean etc., but she can never be a substitute for a wife/mother who renders selfless service to her husband and children. 24. It is not possible to quantify any amount in lieu of the services rendered by the wife/mother to the family i.e. husband and children. However, for the purpose of award of compensation to the dependents, some pecuniary estimate has to be made of the services of housewife/mother. 24. It is not possible to quantify any amount in lieu of the services rendered by the wife/mother to the family i.e. husband and children. However, for the purpose of award of compensation to the dependents, some pecuniary estimate has to be made of the services of housewife/mother. In that context, the term 'services' is required to be given a broad meaning and must be construed by taking into account the loss of personal care and attention given by the deceased to her children as a mother and to her husband as a wife. They are entitled to adequate compensation in lieu of the loss of gratuitous services rendered by the deceased. The amount payable to the dependants cannot be diminished on the ground that some close relation like a grandmother may volunteer to render some of the services to the family which the deceased was giving earlier." 6. Considering that in the present case incident took place 28.5.1994, the contribution of Durga Devi to the family as housewife for computing her income is assessed as Rs.3,000/- per month. So far multiplier of 12 applied by the Tribunal is concerned, there is no need to vary the same. The Tribunal has also rightly deducted 1/3 as personal living expenses of the deceased. 7. As a result of above discussions, the compensation to be awarded to the claimant-appellants by learned Tribunal is required to be reassessed as under:- S. No. Heads Calculation (i) Income Rs. 3000/- per month (ii) 50% of (i) above to be added as future prospects Rs. 3000 + 1500 = Rs. 4500/- per month (iii) ⅓rd of (ii) deducted as personal expenses of the deceased Rs. 4500 and 1500 = Rs. 3000/- per month (iv) Compensation after multiplier of 12 is applied Rs. 3000 x 12 x 12 = 4,32,000/- (v) Loss of care and guidance to each child and pain and agony regarding loss of mother Rs.10000/- x 5 = Rs. 50,000/- (vi) Medical treatment for six days in SMS Hospital Jaipur Rs. 30,000/- (vii) Transportation charges Rs. 5000/- (viii) Funeral expenses Rs. 15,000/- Total Compensation awarded Rs. 5,32,000/- 8. Thus, the amount awarded by the learned Tribunal is enhanced to Rs. 5,32,000/- in above terms. The said amount will carry interest @ 6% per annum from the date of filing of the petition till realization. 9. 30,000/- (vii) Transportation charges Rs. 5000/- (viii) Funeral expenses Rs. 15,000/- Total Compensation awarded Rs. 5,32,000/- 8. Thus, the amount awarded by the learned Tribunal is enhanced to Rs. 5,32,000/- in above terms. The said amount will carry interest @ 6% per annum from the date of filing of the petition till realization. 9. It is hereby, ordered that the enhanced amount shall be kept in the Monthly Income Scheme in the post office initially for a lock-up period of three years and the interest accrued upon the deposit shall be paid to the claimants proportionately on monthly basis. 10. The Secretary, District Legal Services Authority, Dausa in the best interest of the claimants, shall keep the amount in the Monthly Income Scheme with the Indian Post Office and shall open separate accounts in the name of each claimant. The amount due to minor daughter shall be encashed at time of her marriage. 11. However, a further direction is hereby, issued to the Secretary, District Legal Services Authority, Dausa to acquaint the claimants regarding the amount, which has accrued to them by way of enhancement and the fact that the amount shall be kept in Monthly Income Scheme in the Indian Post Office for the benefit of the claimants. 12. The above direction regarding deposit in Monthly Income Scheme with Indian Post Office has been issued as it has been brought to the notice of this Court, that go between or relations fritter away with the amount awarded as compensation, on the ground that money has been spent towards litigation expenses. 13. With the above modification in the award passed by the Motor Accident Claims Tribunal, Dausa, Camp Bandikui, present appeal stands disposed of.