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Judgment
This appeal is directed against judgment & award dated
18.08.2000 passed by the Motor Accident Claims Tribunal, Sirohi
(''the Tribunal''), whereby the Tribunal has awarded a lump sum
compensation of RS. 70,000/- alongwith interest @ 12% per
annum form the date of application i.e. 27.04.1995 and a sum of
RS. 1,000/- towards costs.
The application for compensation was filed by husband and
children of the deceased Suraj Bai. It was, inter alia, claimed that
the said Suraj Bai was travelling in Jeep No. RJ-12-C-0322 from
Jaipur to Mount Abu, when the offending Bus belonging to the
Corporation struck the Bus, resulting in grievous injuries to Suraj
Bai, to which, she succumbed. It was claimed that the deceased
was aged 45 years and was involved in business of dairy products
and used to contribute Rs. 2,000/- to the family. Based on the
said averments, compensation to the tune of Rs. 7,08,000/- was
claimed.
The application was contested by the respondents. The
Tribunal framed eight issues. On behalf of the claimants, AW-1 -
Ajablal, husband of the deceased and one Gajanand, AW-2 were
examined.
After hearing the parties, the Tribunal came to the conclusion
that the accident occurred on account of rash and negligent
driving by the driver of the Bus. While assessing the
compensation, the Tribunal came to the conclusion that age of the
deceased was 55 years, there was no proof that she was engaged
in business and, therefore, awarded a lump sum of Rs. 70,000/-
as compensation alongwith interest as noticed hereinbefore.
It is submitted by learned counsel for the appellants that the
Tribunal committed error in awarding a lump sum compensation of
Rs. 70,000/- only to the claimants. It was submitted that it is well
settled that even if the deceased was a homemaker only, it cannot
be said that she had not contributed to the family and, therefore,
the assessment was required to be made by at least taking a
notional income of the deceased and, therefore, the Tribunal
was not justified in awarding a lump sum compensation of
Rs. 70,000/- only.
It was further submitted that there were as many as seven
claimants i.e. husband and six children, however, no amount has
been awarded towards loss of consortium and loss of love &
affection and, therefore on that count also the award deserves
modification.
Learned counsel appearing for the respondent-Corporation
submitted that the amount of compensation awarded is adequate
and the same does not call for any interference.
I have considered the submissions made by learned counsel
for the parties and have perused the material available on record.
So far as the age of the deceased is concerned, though in
examination-in-chief, it was submitted that her age was 45 years,
in cross-examination, it was admitted that her age was indicated
in the Ration Card as well as the Postmortem Report as 55 years
and, therefore, the Tribunal was justified in taking the age of the
deceased as 55 years.
There is substance in the submissions made by learned
counsel for the appellants that the Tribunal was not justified in
awarding lump sum compensation of Rs. 70,000/- to the claimants
by holding that the deceased was not engaged in any business. It
is well settled that even for a homemaker, it cannot be said that
the homemaker does not contributing anything to the family and
for her death on account of accident, the family is not entitled to
claim compensation based on her such contribution.
In view thereof, the award of lump sum compensation
cannot be sustained.
As submitted by learned counsel for the appellants, the
income of the deceased is taken as notional in terms of II
Schedule of the Act at Rs. 15,000/- annually and after applying
multiplier of 11 in terms of the judgment of Hon''ble Supreme
Court in the case of Sarla Verma v. Delhi Transport Corporation :
(2009) 6 SCC 121, the claimants would be entitled to
compensation to the tune of Rs. 1,65,000/- towards loss of
income. Further, the claimants are also entitled for compensation
towards loss of consortium as well as loss of love & affection and
under the said heads, for loss of consortium, the husband of the
deceased is entitled to a sum of Rs. 15,000/- and each of the
children of the deceased is entitled to a sum of Rs.10,000/-
towards loss of love & affection. The claimants would also be
entitled to interest @ 7% per annum on the enhanced amount
from the date of application i.e. 27.04.1995.
Consequently, the appeal filed by the appellants is partly
allowed. The award dated 18.08.2000 passed by the Tribunal is
modified and it is ordered that the claimants would be entitled to a
sum of Rs.2,40,000/- as compensation instead of Rs.70,000/- as
awarded by the Tribunal.
The enhanced amount of compensation i.e. Rs.1,70,000/-
alongwith @ 7% per annum from the date of application i.e.
27.04.1995 be paid to the claimants within a period of eight
weeks from the date of this judgment.
The enhanced amount of compensation alongwith interest be
paid to Ajablal, husband of the deceased only in his Saving Bank
Account.