Pirthi alias Pirthvi Singh vs Dharambir Singh and Others

S.S. Sodhi, J.—The claim in appeal here is for enhanced compensation, the claimant being the husband of Kamla deceased who was run over and killed by the four-wheeler van HYD 524. This happened on January 25, 1980 near the bus-stop of village Paintawas. It was the finding of the Tribunal that the accident had been caused entirely due to the rash and negligent driving of the four-wheeler. A sum of Rs. 2,500/-was awarded as compensation to the claimant.

The claim for compensation here is for the loss of services of a housewife though an attempt had also been made to show that Kamla, deceased, the young wife of the claimant, Pirthi was studying Prabhakar and after passing this examination could have earned about Rs. 500/-per month. A claim for compensation on this basis appears in the circumstances to be too remote to be countenanced. There can, however, be no denying to claimant compensation for loss of services of his wife.

It is indeed well settled that there is a monetary value to be ascribed to the services of a housewife, even though rendered gratuitously. The claimant here is a young man and there was thus a reasonable expectation that if the deceased had not died in this accident, she would have provided him services as a housewife for many more years. Taking an overall view of the circumstances of the claimant and the deceased, it would be fair and just to hold the claimant entitled to a sum of Rs. 30,000/- as compensation on this account. Compensation payable to the claimant is accordingly hereby enhanced to Rs. 30,000/- (Rs. Thirty thousand only), which he shall be entitled to along with interest at the rate of 12 per cent per annum from the date of application to the date of the payment of the amount awarded. The Respondents shall be jointly and severally liable for the compensation awarded. This appeal is accordingly hereby accepted with costs. Counsel fee Rs. 500/-.