FAO NO. 7223 of 2011 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH FAO NO. 7223 of 2011 Date of order: 25.10.2013 Mangi @ Gopal Krishan and anr. ..... Appellants Versus Pepsu Road Transport Corporation and ors. .... Respondents -- CORAM: HON'BLE MR. JUSTICE VIJENDER SINGH MALIK Present: Mr. Eshan Cooner, Advocate for the appellants. Mr. Pardeep Goyal, Advocate for respondent no.3. *** Vijender Singh Malik, J. This is an appeal brought by the claimants for enhancement of compensation. Smt.Sumitri @ Raj Rani, mother of the claimants died in a road side accident that took place on 12.01.2010. On her death, the claimants brought a claim petition under section 166 of the Motor Vehicles Act, 1988(for short 'the Act') seeking compensation in a sum of `15,00,000/-. Learned Motor Accidents Claims Tribunal, Jalandhar (for short 'the Tribunal') vide award dated 03.09.2011 allowed the claim petition in a sum of `1,53,200/-. Smt.Sumitri @ Raj Rani is claimed to be 54 years old at the time of her death. She was doing tailoring work and was rendering services to the family. She was earning `4500/- per month from tailoring and `3500/- per month by doing the household work. Kumar Dinesh 2013.10.31 14:59 I attest to the accuracy and integrity of this document High Court,Chandigarh FAO NO. 7223 of 2011 2 The claim petition is resisted by the respondents. They have denied the aforesaid averments of the claimants regarding age, occupation and income of the deceased. They have denied the claimants to deserve a sum of `15,00,000/- as compensation. They have prayed for dismissal of the claim petition. Learned Tribunal took the income of the deceased as Rs.2100/- per month. She also found the deceased to be 60 years of age having grown up sons. Taking the annual dependency of the claimants at `16,800/- after deducting 1/3rd from the income, multiplier of 9 is adopted and the compensation is assessed in a sum of `1,51,200/-.To it, a sum of `2,000/- was allowed towards funeral expenses and a sum of `1,53,200/- has been assessed as compensation in favour of the claimants. Learned counsel for the appellants has contended that Smt.Sumitri @ Raj Rani was doing tailoring as well as household work and was earning `8000/- per month. According to him, learned Tribunal has taken the income of the deceased at `2100/- per month, which is grossly low. According to him, even if the deceased is taken as a housewife, her services to the family cannot be valued at less than `3500/- per month. According to him, cut of 1/3rd is also applied to the income assessed, which is not permissible . He has further submitted that only a sum of `2000/- has been allowed as compensation for funeral expenses and no other amount has been assessed as compensation for Kumar Dinesh 2013.10.31 14:59 I attest to the accuracy and integrity of this document High Court,Chandigarh FAO NO. 7223 of 2011 3 loss of love and affection, loss of estate and compensation for transportation of dead body. Learned counsel for respondent No.3, on the other hand, has submitted that adequate amount has already been assessed as compensation in this case. According to him, the age of the deceased is a prime consideration in this case. According to him, the claimants are the major sons. The accident took place on 12.01.2010. On the said date, the services of a housewife even could not be assessed at `2100/- per month. A paid domestic servant for day time could not be available nowadays for less than `3500/- per month. Value of the services of the deceased to the family of the claimants can, thus, be assessed atleast at `3500/- per month. Since this is the value of the services of a housewife towards her family, nothing should be deducted therefrom towards her personal expenses. The loss to the claimants, who are though the major sons, would be looking towards their mother for the care and love and affection as well as other household services, would be thus `3500/- per month. Multiplying it with 12, I find the annual loss of the claimants at `42,000/-. Since the age of the deceased is found as 60 years, the multiplier available in this case is 9 as per the decision of Hon'ble Supreme Court of India in Smt. Sarla Verma and others v. Delhi Transport Corporation and another 2009 AIR (SC) 3104 . Multiplying the annual dependency with 9, I find a sum of Rs.3,78,000/- as the loss suffered by the claimants in the death of Smt.Sumitri @ Raj Rani. Adding to it, a sum of `20,000/- as compensation under the Kumar Dinesh 2013.10.31 14:59 I attest to the accuracy and integrity of this document High Court,Chandigarh FAO NO. 7223 of 2011 4 conventional heads, I assess a sum of `3,98,000/- as compensation in favour of the claimants, which shall be shared by them in equal. Consequently, the appeal succeeds and is allowed enhancing the compensation from `1,53,200/- to `3,98,000/- with the terms regarding interest etc. as settled by learned Tribunal remaining the same. (VIJENDER SINGH MALIK) JUDGE 25.10.2013 dinesh Kumar Dinesh 2013.10.31 14:59 I attest to the accuracy and integrity of this document High Court,Chandigarh