33 FAO N035080f2009 e l IN THE HIGH COURT OF PUNJAB 8 HARYANA AT CHANDIGARH FAO No508 of 2009 Dateofdecisionll7e122009 Sat Pal and others eeeee Appellants VERSUS 1 Jai Parkash and others Respondcnts t CORAM HONBLE MR JUSTICE ANJiNDAL 0 Presentl MrlSCooner Advocate for theappllcaiappellant C0 I Sharma Advocate for Nos l to 5 C5 Mr Vinod GuptaAdvocatc for No I RS9R A11JINDAL J ORALI Z This appealfor enhancemenl IS agairistihc Award datcd C 13Ol2009 passedby the Motor Accidents Claims Tribunal Alnbala I herein referrcd as the Tribunal awarding to thc ttine of a5 Rsl000001 Rswo lacsl aIongwith lllteresl 7310 joerannutn fronl 7 the dateoffiling ofthe claim petitiontill the actual payineilton account of Z deathof Smtlllirmla in a inotor vehicularaccident Ll The claim petitionhas beenconlestedbythe Where tn theydenied all the allegations and submitlcd tllal 110 socll accident iook placc The Tribunal framedthe followingissues 1Whether the accident was caused due 10 rash and negligcnt drivingof Tractor NoIl9213 bt rcspondcnlNoI cauSlll dcath of Sintllirillla as allcgeci5OPP 2f issue No is provedin 3f0rmative whether lhe claimanls are entitled to lf so as to what amount and fiYnn whom2OPP Parkash Om 2013.04.23 13: 32 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:56 I attest to the accuracy and integrity of this document 34 9 FAO N03508 of2009 e 3 Whether Insurance CompanyiS not liable to pay any in view ofthe objections takenin the written statement2OPRa7 4 Relief Both the partiesIed evidence Ultimatelythe l nbunal paltly accepted the application in the abovesaidterms alongwith interestin favour j ofthe claimantsand againstthe and severally r 3 The have neitherchallenged thc ncgligencenor the 0 C liabilityto pay the yet the clailnants have come ulo for 1 enhancement 1 It is establishedon the record thatNirinla 19evidied due to motor vehiCuIaraccident on 04 10007 Her husband namelySatpalis already bedidden for the last 78 yearsand is unable to do his dailypursuitsPH 6 1 Alnit Kumar son ofthe claimant hasstatedthat he had to Ieavehis studies to look after his father As regards the income he has sublnitted that his motherhad been fetchingRs8090 per daybystitching clothcs The circumstancesrevealthatSatpal was alreadybeddden when he sufferedanotherjolt due to the untimely deathofhis wife He was Head Constable in the HaryanaPolice On the death of Nirinla Devi the e claimantshad lo suffer a serious sct back thercremainednone to look after the children as well as the bed ridden SatpalThe contribution of Nirmala Devi towardsher familyin the givencircumstancesis a case of significant Besides Iookingafter her husband Nirmla Devi deceasedlhad to take carc of clothes studtes nealth and wcl fare of lllc children Besides cookingfoods the wife has multipleduties 10 pcrform The contribution of the housewife has been dulydiscussed in lhe judgment referred in Lata Wadhwa Vls State of Bihar 2001 ACJ 1735 1S 111 1 Parkash Om 2013.04.23 13: 32 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:56 I attest to the accuracy and integrity of this document 35 f 1r FAO N03508 of 2009 3 1i r whichit was observedas underl So far as the deceasedhousewives are concerncd lll theabsenceof anvdataand as thc houscwives were not J earning aiol income attelnpt has been made to detennine the on the basis of services renderedbythenl to the house On the basis of the age group of the housewives multiplierhas 1 r beenappliedbut the estimationof the vaOueof serviccs renderedto the house by the housewives whicllas 0 0 beenarrived at Rs120001oer annum in cases of some I and Rs100001or others appears10 us to be grossly C5 low Jt is true that the claimants who oughtto have I givendatasfor delerinination of did not Z asslSt in any manner by providingtlle clatas lor the value of services rendered by such r housewives But even in the absenceof such datasand I takinginto consideration the multifarious serviccs 08 rendered by the housewives for managing the entire family even on a modest cstimation should be Rs30001 per month and Rs60001 per annun This 7 Z would applyto all those housewives bctween the age groupof 34 to 59 and as such who werc active ii Iife The awarded lhercRIrc should bc re calculated takitle the value of scrviccs rendered per annum to be Rs360001 and thercafter applyingthe multiplier as has beenappliedalreadyand so far as the conventional amount is concerned thc saine should be Rs00001 instead of Rs50001 given under the ReportSo far as theelderlyIadiesarc concerned i tlle agegroup of 62 to 72 the value of services rendcrcd hasbeentaken at Rsl 00001 per annum and multlplier applied1S eight Though the mulplier applied15 correct but the vaIue of seriicc5 rclldercd ai Rs100001 pcr ailnuin cannot bc hcld lo bc it151aild Parkash Om 2013.04.23 13: 32 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:56 I attest to the accuracy and integrity of this document 36 FAO Noe3508of 2009 4 we thereforeenhance the same to Rs00001 per annum In their case therefore the total amount of should be redcterinincd takingthe value of servicesrenderedat Rs200001oer annum and then after applyingthe multiplieras alreadyappliedand thereafteraddingRs00001 towards the conventional flgure 22 1 ln this case dcceasedNirnlla Devi was agedabout 43 years Shc 0 was dedicated to the familyconsisting of husband and three children to 0 whom she was lookingafter therefore her contribution to thefamilycannot C5 beassessedlcss than 20001oer month Thus her nel comeslo I Rs0001 per month and Rs40001 per annumand after the inultiplier of Z 5 14 in this case the net loss which the claimant suffered colnes lo Rs336000a The Tribunal hasalreadyawardedRs 100001 on account of r lossofconsollium and Rs100001 011account of funeral expcnses l7hus 08 by addinganotherconventional sum ofRs00001 the total sum for which theclaimantsare entitled comes to Rs4060001 mmo Z ResultantlyI partlyaccept the appealmodifythe impugned Qm Award and award a sum of RsA060001 alongwithlnieresl 2 796 per annum from the date of fllingthe claiin petitiontill the realization of the awardedamount againstthe jointlyand severalIyNo ordcr as 10 Costs 17122009 shamsher JUDGE 1 4 0 201 5 4 a 65 Parkash Om 2013.04.23 13: 32 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:56 I attest to the accuracy and integrity of this document