MATHURA DUTT Vs. D T C

JUDGEMENT

(1.) THIS APPEAL IS DIRECTED AGAINST THE JUDGMENT OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, DELHI (FOR SHORT "THE TRIBUNAL" IN SUIT NO. 399/1984, WHEREBY THE LEARNED TRIBUNAL HAS AWARDED A SUM OF RS. 54,000/-.

(2.) THE FACTS OF THIS CASE, AS HAS BEEN NOTED BY THE TRIBUNAL, ARE AS UNDER :

(3.) IT IS CONTENDED BY COUNSEL FOR THE APPELLANTS THAT IN VIEW OF THE DEVELOPMENT OF LAW ON THE POINT OF AWARDING COMPENSATION, THE SUPREME COURT HAS LAID DOWN IN LATA WADHWA AND ORS. VS. STATE OF BIHAR AND ORS [AIR 2001 SUPREME COURT 3218] THAT IN CASE OF A DEATH OF A HOUSEWIFE WITHIN THE AGE GROUP OF 34 TO 59 YEARS, THE MODEST ESTIMATION OF RS.3,000/- PER MONTH AS EARNING SHOULD BE TAKEN AS GUIDELINE. HE CONTENDS THAT EVEN THOUGH IN LATA WADHA'S CASE (SUPRA) THE MATTER WAS NOT UNDER THE MOTOR VEHICLES ACT, YET THE SUPREME COURT IN THE MUNICIPAL CORPORATION OF GREATER BOMBAY VS. SHRI LAXMAN IYER AND ANR. [ JT 2003 (8) 108 ] HAS HELD THAT THE SAME IS A GOOD GUIDELINE WHILE COMPUTING THE CLAIM IN CASE OF HOUSEWIFE/CHILD IN CASES UNDER THE MOTOR VEHICLES ACT. HE ALSO DRAWS MY ATTENTION TO THE JUDGMENT OF THE HIGH COURT OF JAMMU AND KASHMIR IN ORIENTAL INSURANCE CO. LTD. VS. SHAMSHER SINGH & ORS. [2003 ACJ 742], WHERE THE PRINCIPAL IN LATA WADHWA'S CASE (SUPRA) HAS BEEN APPLIED IN THE CASE OF FATAL ACCIDENT UNDER THE MOTOR VEHICLES ACT. IN THE ALTERNATIVE, COUNSEL SUBMITS THAT THIS COURT IN CASE BEING FAO 8 OF 1989, TITLED AS AMAR SINGH THUKRAL & ORS. VS. SANDEEP CHATWAL & ANR., DATED 5TH JULY, 2004, HAS APPLIED THE PRINCIPAL OF MINIMUM WAGES AND A FORMULA GIVEN IN ANOTHER JUDGMENT OF THE SUPREME COURT IN SARLA DIXIT AND ANR. VS. BALWANT YADAV AND ORS. [1996 ACJ 581]. HE CONTENDS THAT IF THE FIRST ARGUMENT DOES NOT FIND FAVOUR, THEN THE COURT OUGHT TO BE GUIDED BY THE JUDGMENT IN AMAR SINGH THUKRAL'S CASE (SUPRA).