Arun Srivastava and Others Vs. Sanjay and Others

G. P. MITTAL, J.

(ORAL)

C.M. APPL.15558/2011 (delay)

There is a delay of 145 days in filing the Appeal. For the reasons stated in the application, the same is allowed. Delay of 145 days in filing the Appeal is condoned.

The application stands disposed of.

MAC.APP. 747/2011

1. This Appeal relates to the death of Prabha Srivastava, a housewife who was aged about 51 years on the date of the accident which took place on 12.08.2007. The deceased succumbed to the injuries on 24.08.2007.

2. The Motor Accident Claims Tribunal, (the Claims Tribunal)  attempted to follow the second schedule, noticed Arun Kumar Aggarwal v. National Insurance Company, JT 2010 (7) SC 304; accepted the income of the deceased’s husband as Rs. 23,626/- took the notional income of the deceased as Rs. 5,000/- deducted 1/3rd towards personal and living expenses to calculate the loss of dependency. After adding a sum of Rs. 3,87,113/- spent on treatment and notional sum under conventional head compensation of Rs. 8,52,113/- was granted.

3. This case is covered by the judgment of this Court in Royal Sundaram Alliance Insurance Co. Ltd. v. Master Manmeet Singh and 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 v. Susamma Thomas (Mrs.) and Ors. (1994) 2 SCC 176,

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

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

(iv) Lata Wadhwa and Ors. v. State of Bihar and Ors., (2001) 8 SCC 197,

(v) Gobald Motor Service Ltd. and Anr. v. R.M.K. Veluswami and Ors., AIR 1962 SC 1,

(vi) A. Rajam v. M. Manikya Reddy and Anr., MANU/AP/0303/1988,

(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:-

“34. 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 Rs. 25,000/- (on present scale of the money value) towards loss of love and affection and Rs. 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.”

4. 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 Rs. 5,11,632/- {3876/- (salary of non matriculate on the date of the accident) x 12 x 11).

5. The overall compensation is tabulated as under:-

7. Respondent No.3 Reliance General Insurance Company Limited is directed to deposit the enhanced amount along with upto date interest within 30 days with Registrar General of this Court. The same shall be released in favour of the first Appellant immediately on deposit.

8. The Appeal is allowed in above terms.

9. No costs.