Inder Jit and others vs The Ambala Bus Syndicate and others

S.S. Sodhi, J.—In an accident between the Ambala Bus Syndicate bus PUR-1109 and a truck PUM 5841 coming from the opposite direction, Swarn Kanta a passenger in the bus was killed while her three years'' old son-Vijay Bahadur sustained multiple injuries including fracture of the right femur This happened on February 11, 1975 near the bridge over the Bhakra Canal on the Rupnagar Kharar Road.

It was the finding of the Tribunal that the fault for the accident lay entirely with the truck-driver. A sum of Rs. 4,000/- Was awarded as compensation to the claimants; they being the husband and two children of Swarn Kanta deceased, on account of her death, while Rs. 1,000/- was awarded to Vijay Bahadur for the injuries suffered by this child.

The controversy here is with regard to the quantum of compensation payable to the claimants. Enhanced compensation being the claim in appeal.

Swarn Kanta was only 25 years old at the time of her death her husband Indtrjit Guleria was then 35 years old and their two children-Suman, their daughter was about five years'' old and their son, Vijay Bahadur about three years'' old at that time Swarn Kanta was a house-wife and it has come in evidence that she looked after the household and provided the usual services as such to her husband and children. It is now well-settled that the services of a housewife do indeed have a monetary value in respect of which those who were being provided them, during her life time, are entitled to compensation. The measure of such compensation is usually the cost of replacing such services. This must necessarily depend upon the peculiar facts and circumstances of each particular case. In the present case, considering the young age of the deceased and the claimants'', it is obvious that Swarn Kanta, had she lived, would have looked after the household for many more years. There is also no gainsaying that there is no age of retirement for housewives and women working in the house even at an advanced age, is not unusual. Considered in the context of the situation and circumstances of the claimants and the deceased, it would be fair and just to assess the loss to the claimants here at Rs. 50,000/- .

Turning now to the case of Vijay Bahadur, a reading of the testimony of A.W. 8 Dr. V.K. Gupta would show that he suffered a fracture of the right femur which necessitated his right leg being placed in plaster. According to P.W. 9 Inderjit Singh Guleria, his father. Vijay Bahadur remained in Plaster for about three months.

X-ray showed the fracture alignment had been properly set and there was thus no permanent disability. Some amount must undoubtedly have been spent upon the treatment and looking after this child. All things considered, therefore, the compensation awarded to this claimant in respect of pain and suffering, as also cost of medical treatment, deserves to be enhanced to Rs. (sic),000/- .

The compensation payable to the claimants in respect of the death of Swarn Kanta is accordingly hereby enhanced to Rs. 30,000/- and to Rs. 5,000/- in the case of the injuries sustained by the claimant-Vijay Bahadur.

The compensation payable to the claimants shell be paid to them along with the interest at the rate of 12 per cent per annum from the date of the application to the date of the payment of the amount awarded. The compensation payable to the minor claimants shall be paid to them in such manner as the Tribunal may deem to be in their best interest.

Respondents Nos. 3, 4 and 5 shall be jointly and severally liable for the amount awarded.

This appeal is accordingly accepted with costs. Counsel fee Rs. 300/- (one set only).