Bheem Singh and Others vs Baba and Others

A.S. Pachhapure, J.—The appellants dissatisfied with the amount of compensation awarded for the death of Jalibai @ Meerabai in the accident that occurred due to the rash and negligent driving of the tipper bearing reg. No. AP-12/V-2719 on 11.08.2012 have filed this appeal, seeking enhancement.

The Tribunal assessing the income at Rs. 5,000-00 p.m., has granted a sum of Rs. 7,20,000-00 towards loss of dependency by deducting 1/3 towards personal expenses of the deceased and total sum of Rs. 60,000-00 was granted on conventional heads. Dissatisfied with the sum awarded, the present appeal is filed.

I have heard learned counsel for both the parties.

Learned counsel for the appellants submits that the compensation towards loss of dependency, assessment of the income and loss of consortium are on lower side and needs enhancement.

On the other hand, learned counsel for the 2nd respondent supports the Judgment and Award and submits just compensation has been granted.

Jalibai @ Meerabai [deceased] is the wife of the 1st appellant and mother of the other appellants. Though it is contended that a husband cannot be a dependant on the income of the deceased, it is relevant to note that the services rendered by the wife in the house to the husband and the members of the family have to be valued and the compensation in that regard has to be granted as they are disentitled to the services on her death. A wife does cooking, washing clothes, looking after the members of the family, in addition to do other incidental responsibilities to be discharged for the members of the family. It cannot be less than what a labourer doing his hard work. Therefore, in my opinion, the services rendered has to be valued and therefore, as the accident is of the year 2012, generally a sum of Rs. 6,500-00 is considered as the income of a labourer in the Lok Adalats and that has to be accepted as the income of the deceased while granting compensation to the dependant. As there are 4 dependants, the deduction towards personal expenses of the deceased will have to be 1/4th. Therefore, the net salary would be Rs. 4,875-00 p.m. The multiplier applicable is 18. Thereby net compensation towards loss of dependency would be;

Rs. 4,875 x 12 x 18 = Rs. 10,53,000-00

Deducting the sum of Rs. 7,20,000-00 awarded by the Tribunal, the appellants are entitled to a sum of Rs. 3,33,000-00 towards dependency.

The compensation towards loss to the estate appears to be reasonable. It also appears to be liberal. Towards loss of love and affection, a sum of Rs. 20,000-00 has been granted. Considering a sum of Rs. 15,000-00 each, the compensation payable towards loss of love and affection would be Rs. 45,000-00. Deducting a sum of Rs. 20,000-00 awarded and excess amount of Rs. 10,000-00 towards loss to estate, an additional sum of Rs. 15,000-00 has to be paid. Reasonable compensation has been granted for transportation of the body and funeral expenses. Towards loss of consortium, a sum of Rs. 5,000-00 has been granted. Taking into consideration the age of the 1st appellant, a sum of Rs. 30,000-00 appears to be reasonable towards loss of consortium and an additional sum of Rs. 25,000-00 has been paid. Thereby additional compensation payable would be;

Hence, the appellants are entitled to a sum of Rs. 3,73,000-00 as additional compensation with interest at 9% p.a.

Consequently, the appeal is allowed in part. The appellants are entitled to a sum of Rs. 3,73,000-00 with interest at 9% p.a. from the date of the petition till its payment in addition to the compensation awarded by the Tribunal.

So far as distribution of the compensation, the formula adopted by the Tribunal is accepted and the shares of the minors shall be deposited in any of the Nationalized Bank in fixed deposit till they attain the age of majority. The share of the 1st appellant shall be kept in fixed deposit for a period of 5 years and the said fixed deposit shall be linked with the S.B. Account to be opened by the 1st appellant at her convenient place and the interest if any shall be credited to the said S.B. Account. After maturity of the fixed deposit, the amount shall be payable to her shall be credited to the S.B. Account.