(1.) The Appellants are aggrieved by an Award dated 12/09/1988 passed by the learned Motor Accidents Claims Tribunal (MACT) in Suit No. 97/1982.
(2.) Smt. Shakuntala Devi died in an accident caused by the rash and negligent driving of a vehicle by Respondent No.1. The accident took place on 26/07/1982 and she died the next day. At the time of her death, she was a housewife aged about 36 years. Her husband and children filed a claim petition seeking compensation under the provisions of the Motor Vehicles Act, 1939 (the Act).
(3.) The learned MACT held Respondent No.1 guilty of rash and negligent driving and thereby causing the death of Smt. Shakuntala Devi. As regards the compensation to be awarded, the learned MACT relied upon Bhagwan Dass Bhatia vs. Anand Pal, 1986 ACJ 879 wherein a housewife aged about 53-54 years died in an accident in September 1976. A learned Single Judge of the Punjab & Haryana High Court estimated that her contribution to the household could not be less than Rs.2,500.00 per annum. On this basis, the High Court awarded a sum of Rs.30,000.00 as compensation taking into consideration the ever-increasing cost of incidental services. Following this reasoning, the learned MACT took the pecuniary value of the services rendered by the deceased housewife to her household at Rs. 2,500.00 per annum. Adopting a multiplier of 16, the learned MACT awarded a sum of Rs. 40,000.00 as compensation with interest at 12% per annum from the date of filing the claim petition till payment.
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