Ram Lal and Others vs Rajesh Kumar Rastogi and Others

G.P. Mittal, J.—The Appellants seek enhancement of compensation of ` 5,28,000/- awarded for the death of Raksha Devi, who was a housewife. The Motor Accident Claims Tribunal (the Claims Tribunal) took the value of gratuitous services rendered by a housewife to be ` 3,000/- per month and computed the loss of dependency as ` 4,68,000/-.

This case is covered by the judgment of this Court in Royal Sundaram Alliance Insurance Co. Ltd. v. Master Manmeet Singh & Ors. MAC.APP. 590/2011, decided on 30th January, 2012. This Court noticed the following judgments of the Supreme Court:-

(i) General Manager, Kerala State Road Transport Corporation, Trivandrum Vs. Mrs. Susamma Thomas and others,

(ii) National Insurance Company Limited v. Deepika & Ors. 2010 (4) ACJ 2221,

(iii) Amar Singh Thukral v. Sandeed Chhatwal ILR (2004) 2 Del 1,

(iv) Lata Wadhwa and Others Vs. State of Bihar and Others,

(v) Gobald Motor Service Ltd. and Another Vs. R.M.K. Veluswami and Others,

(vi) A. Rajam Vs. M. Manikya Reddy and Another

(vii) Morris v. Rigby (1966) 110 Sol Jo 834 and

(viii) Regan v. Williamson 1977 ACJ 331 (QBD England),

and laid down the principle for determination of loss of dependency on account of gratuitous services rendered by a housewife. Para 34 of the judgment in Master Manmeet Singh (supra) is extracted hereunder:-

To sum up, the loss of dependency on account of gratuitous services rendered by a housewife shall be:-

(i) Minimum salary of a Graduate where she is a Graduate.

(ii) Minimum salary of a Matriculate where she is a Matriculate.

(iii) Minimum salary of a non-Matriculate in other cases.

(iv) There will be an addition of 25% in the assumed income in (i), (ii) and (iii) where the age of the homemaker is upto 40 years; the increase will be restricted to 15% where her age is above 40 years but less than 50 years; there will not be any addition in the assumed salary where the age is more than 50 years.

(v) When the deceased home maker is above 55 years but less than 60 years; there will be deduction of 25%; and when the deceased home maker is above 60 years there will be deduction of 50% in the assumed income as the services rendered decrease substantially. Normally, the value of gratuitous services rendered will be NIL (unless there is evidence to the contrary) when the home maker is above 65 years.

(vi) If a housewife dies issueless, the contribution towards the gratuitous services is much less, as there are greater chances of the husband''s re-marriage. In such cases, the loss of dependency shall be 50% of the income as per the qualification stated in (i), (ii) and (iii) above and addition and deduction thereon as per (iv) and (v) above.

(vii) There shall not be any deduction towards the personal and living expenses.

(viii) As an attempt has been made to compensate the loss of dependency, only a notional sum which may be upto ` 25,000/- (on present scale of the money value) towards loss of love and affection and ` 10,000/- towards loss of consortium, if the husband is alive, may be awarded.

(ix) Since a homemaker is not working and thus not earning, no amount should be awarded towards loss of estate.

There is no evidence with regard to the educational qualification of the deceased. Thus, I shall take the value of gratuitous services rendered by the deceased to be of a non Matriculate. Following the principles as laid down by this Court in Master Manmeet Singh (supra) the loss of dependency comes to ` 10,45,902/- {5830/- (salary of non matriculate on the date of the accident) +15% x 12 x 13).

The overall compensation is tabulated as under:-

Sl. No.

Compensation under various heads

Awarded by the Claims Tribunal

Awarded by this Court

1.

Loss of Dependency

`4,68,000/-

`10,45,902/-

2.

Loss of Consortium, Loss of Estate and

` 20,000/-

` ,30,000/-

3.

Funeral Expenses

(10,000/- each)

4.

Loss of Love & Affection

` 40,000/-

` 25,000/-

Total

` 5,28,000/-

` 11,00,902/-

The compensation is enhanced from `5,28,000/- to `11,00,902/-. The enhanced amount of ` 5,72,902/- shall carry interest @ 7.5% per annum from the date of filing of the DAR report i.e. 12.01.201 upto the date of deposit.

The third Respondent is directed to deposit the enhanced compensation along with upto date interest within 30 days with Registrar General of this Court. On deposit, the compensation shall be held in fixed deposit for a period of five years in UCO Bank, Delhi High Court Branch, New Delhi and shall be equally apportioned in favour of the Appellants No. 1 to 8.

The interest on the fixed deposits shall be paid monthly by automatic credit of interest in the Savings Account of the Appellants No. 1 to 8.

If amount is needed for the marriage/higher education of Appellants No. 3 to 8, the Appellants shall be at liberty to apply to the Claims Tribunal for release of the amount earlier.

The Claims Tribunal shall be entitled to release appropriate amount.

The Appeal is allowed in above terms. No costs.