Deepa Dalal and another vs Raghu Nath Singh and others

S.S. Sodhi, J.—The claim in appeal here is for enhanced compensation.

In an accident between a Government Jeep HRE 1584 and a bus DLP 5336, three occupants of the jeep, namely, Bhim Singh, Executive Engineer, who was driving it, Captain Virender Kumar and his wife Kalawati, who were also travelling in it, were all killed. This happened on May 21, 1978, at about 7 a.m. at the crossing of the Rohtak-Kalanur and Kalanaur-Meham road.

It was the finding of the Tribunal that this was a case of contributory negligence with both the bus driver as also Bhim Singh deceased, the driver of the jeep, being equally to blame. A sum of Rs. 79,332/- was awarded as compensation to the parents and children of Captain Virender Kumar deceased and Rs. 14,400/- to his children in respect of the death of their mother Kalawati while Rs. 65,580/- were awarded to the widow and children of Bhim Singh deceased.

Taking up the case of Capt. Virender Kumar, the evidence shows that he was serving as a Captain in the Indian army at the time of the accident. He was 30 years of age and he died leaving behind his 61/2 years old daughter and 4 years old son besides his parents 65 and 61 years old, respectively. According to his salary certificate, Exhibit P.W.4/1, his net emoluments after deductions were over Rs. 1600/- per month. Considering the circumstances of the deceased and the claimants in the light of the principles laid down by the Full Bench in Lachhman Singh v. Gurmit Kaur (1979) 81 P. L. R. 1, there can be no manner of doubt that the aprropriate multiplier to be applied would be 16. The dependency of the claimants could not be less than Rs. 1,000/- per month. So computed, the compensation payable would work out to more than Rs. 1,50,000/- which is the amount claimed. In other words, the claimants must be held entitled to compensation claimed.

As regards the claim of the claim of the children arising from the death of their mother Kalawati, it is now well settled that there is indeed a pecuniary value to be attached to the services of a mother to her children even though rendered gratutiously. The various heads under which such loss can arise for the children would include their mother''s contribution to the household from her own earnings, expenses of employing domestic help for rendering the services which the mother provided to them gratutiously, expenses that may now have to be incurred on helping children with their studies which help the mother would have otherwise provided, cost of making clothes instead of by the mother and, above all, for that element of security which the mother could provide in the event of the father being unable to do so. There can, of course, be no precise measure of such loss to the children, such loss being the cost of replacing these services. Each case has thus to be considered in the context of its own circumstances.

In the present case, keeping in view the status and standing of the family, there can be no manner of doubt that had the deceased lived, both Kalawati and her husband Captain Virender Kumar would have ensured a good education to their children which would of necessity have required considerable help from the mother at home too besides seeing to their other needs in the household. Taking an overall view of the circumstances of the children here, it would be fair and just to assess the financial loss accruing to them on account of the death of their mother at Rs. 50,000/-

Finally, turning to the claimants in the case of Bhim Singh deceased, it has been come on record that he was an Executive Engineer, aged 48. His net salary, after deductions, came to over Rs. 1300/- per month. In keeping with the principles laid down in Lachhman Singh''s case (supra), here too the appropriate multiplier would be 16. The dependency deserves to be computed at Rs. 1000/-. per month, which would work out to Rs. 1,92,000/-. This may be rounded off to Rs. 2,00,000/-. After making an allowance for the contributory negligence of the deceased here, the amount that the claimants would be entitled to would work out to that claimants, namely, Rs. 1,00,000/-.

The compensation payable to the parents and children of Capt. Virender Kumar is accordingly hereby enhanced to Rs. 1,50,000/-. while that payable to their children in respect of Kalawati deceased is enhanced to Rs. 50,000/-. Out of the amount awarded, Rs. 21,000/- shall be payable to the parents of Capt. Virender Kumar deceased and the balance in equal shares to his children The amount payable to the minor claimants shall be paid to them in such manner as the Tribunal may deem to be in their best interest. The compensation payable to the claimants in the case of Bhim Singh deceased is enhanced to Rs. 1,00,000/-, which the claimants shall be entitled to in equal shares. All the claimants shall be in addition, be entitled to interest on the amount awarded at the rate of 12 per cent per annum from the date of the application to the date of payment of the amount awarded.

At this stage, Mr. L. M. Suri, counsel for the Respondent-Insurance Company, sought to contend that the state of Haryana too must be held to be vicariously liable to the extent of half the amount awarded as Bhim Singh deceased, who was driving the jeep has been found to be equally responsible for the accident. This is indeed a contention devoid of merit as there is no material on record to show that this jeep was being driven by Bhim Singh deceased in the course of employment. Indeed, as per the testimony of R.W.13 Ram Singh, the driver of jeep, no official even while on duty, is entitled to drive a Government vehicle. The one permitted to drive is only its authorised driver. The Tribunal thus rightly held that no liability could be fastened upon the State of Haryana.

It was next sought to be contended that as this was a case of contributory negligence it meant that this was a case of composite negligence with both the bus driver and Bhim Singh deceased being equally to blame and consequently they both must be paid held to be liable in respect of one-half of the compensation awarded to the claimants. There is no merit in this contention either. No claim for compensation can be entertained against Bhim Singh deceased as no such claim was ever put-forth by any of the parties here. It follows that the bus driver, owner and Respondent-Insurance Company shall be jointly and severally liable for the compensation awarded.

The appeals of the claimants are accordingly hereby accepted with costs. Counsel''s fee Rs. 500/- Cone set only.