IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.404 of 1992 (O&M) Date of decision:17.02.2011 Ashok Kumar and others ....Appellants versus Bhupinder Singh and others. ..Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr.S.S.Kamboj, Advocate, for the appellants. None for respondents 1 to 5. Mr. Inderjit Sharma, Advocate, and Mr. Pardeep Bedi, Advocate, for respondent No.6. ---- 1. Whether reporters of local papers may be allowed to see the judgment ? No. 2. To be referred to the reporters or not ? No. 3. Whether the judgment should be reported in the digest ? No. ---- K.Kannan, J.(Oral) 1. The appeal is for enhancement of claim for compensation for death of a housewife, aged 22 years. The claimants were the husband and two minor children. The accident had taken place on 23.03.1989 and she died on 10.04.1989. 2. The claimants had contended that she used to sell vegetables and engaged herself in shop attached to the house and used to be earning Rs.20/30 per day. The Tribunal awarded a compensation of Rs.50,000/-. 3. The law is now settled that even in the absence of any specific avocation for a housewife, the value of the householder itself must be appropriately calculated and compensation awarded. She had FAO No.404 of 1992 (O&M) - 2 - left behind two minor children, who must have grown up over the period of years with all the difficulties without love and attention of the mother. Though it is claimed that she was earning Rs.20 per day, I would value the household services at Rs.1,000/- and take the contribution to her husband and children at Rs.750/- per month. I would adopt a multiplier of 18 and reappraise the compensation providing for loss of love and affection for the children and loss of consortium to the husband. 4. I tabulate the amount of compensation as payable as under:- Sr.No. Heads of claim Tribunal High Court Amount (Rs.) Amount (Rs.) 1. Income 1000 2. Add, % of increase 30%/50%/nil - 3. Deduction 4. Multiplicand 750 5. Multiplier 18 6. Loss of dependence 1,62,000 7. Loss of consortium 15,000 8. Loss to estate 9. Funeral expenses. 2,500 _____ _______ Total 50,000 1,79,500 5. The Tribunal has awarded Rs.50,000/- and the amount in excess shall attract interest at 6% from the date of petition till date of payment. This amount shall be distributed equally amongst the claimants. The liability shall be in the same manner as determined by the Tribunal namely, on the owner and the driver. 6. The appeal is allowed to the above terms. (K.KANNAN) JUDGE 17.02.2011 sanjeev