Case: Kala Devi  Vs. Bhagwan Das Chauhan

3. The necessary relevant facts are stated hereunder to appreciate the case with a view to ascertain whether the appellants are entitled for relief as prayed in this appeal.On 15.12.2003, Roshan Chauhan, husband of the appellant Kala Devi was travelling in a vehicle bearing No.TATA), which was being driven by respondent No. 3 Keshav Ram. When they reached near Narla, Tehsil Theog, District Shimla, the vehicle got stuck due to snow surfaced road. Roshan and few others alighted and tried to push the vehicle. In the process of pushing the vehicle, suddenly the vehicle slipped and hit Roshan and went off the road. This lead to the death of Roshan and seriously injured others who later succumbed to the same.4. The claimants i.e. the wife, 2 minor children and mother of the deceased filed a claim petition before the Motor Accidents Claims Tribunal, Shimla (in short ‘thep.m. for the purpose of quantifying loss of dependency of the appellants. 1/3rd of the monthly income was deducted towards personal expenses of the deceased. As the deceased was 25 years of age at the time of his death, therefore by applying the appropriate multiplier of 17, the compensation determined by the Tribunal towards the loss of dependency was arrived at Rs.4,08,000/(Rs.2,000 x 12 x 17). A sum of Rs.32,000/was awarded towards conventional heads. Thus, a total compensation of Rs.4,40,000/was awarded by the Tribunal with interest at the rate of 7.5% p.a. to the appellants.5. Being aggrieved by the judgment and award passed by the Tribunal, thepreferred First Appeal No. 413 of 2007 before the High Court of Himachal Pradesh at Shimla for enhancement of compensation, whereas the). The appropriate multiplier of 18 was adopted by the High Court and arrived at a loss of dependency of Rs.It was further held that thewas entitled for a compensation of Rs.30,000/for loss of consortium and the minors were entitled to a compensation of Rs.40,000/for loss of love and affection. Further, the appellants were also entitled for Rs.25,000/under the head of conventional charges. Thus, the total amount of compensation calculated by the High Court was Rs.6,99,800/with 9% interest p.a. with costs quantified at Rs.The appeal filed by theCompany was dismissed by the Highsatisfied with the order of the High Court, the appellants have filed this appeal, urging various grounds.

Reasoning:
p.m. as per Minimum Wages Act. Therefore, the courts below have failed to take judicial notice of the same and the fact that the post of a driver is a skilled job. Thus, considering the facts and circumstances of the case, we take the gross monthly income of the deceased at Rs.9,000/Further, the High Court has failed in not following the principles laid down by this Court in Rajesh & Ors. v. Rajbir Singh & Ors. [2013) 9 SCC 54 ] and erred in awarding a meagre sum of just Rs.30,000/under the head of loss of consortium, Rs.40,000/towards loss of love and affection. Accordingly, we award Rs.1,00,000/towards loss of consortium, Rs.25,000/towards funeral expenses and Rs.1,00,000/to each minor child of the deceased (i.e.towards loss of love and affection as per the guidelines laid down by this Court in Juju Kuruvila & Ors. v. Kunjujamma Mohan & Ors.[(2013)9 SCC 166] .11. The High Court has further erred by not awarding compensation towards loss of estate to the