A. RAJAM Vs. M. MANIKYA REDDY

JUDGEMENT

(1.) THIS appeal raises the question of computation of damages upon the death of a 'housewife and mother of children', as also computation in the case of an 'injured housewife'.

(2.) A large number of people died while travelling in a passenger bus to Srisailam on 12.4.1981. We are concerned here with claims arising in O.P. No. 57 of 1981. The claimant's wife aged 34 years and three male children aged 12, 8 and 6 years respectively, died. The deceased (Sic. claimant) was aged 40 years at the time of accident. Unfortunately, the claim was made only for Rs. 40,000/ - though there have been four deaths involved in this O.P. The lower Tribunal awarded Rs. 11,000/ - towards pecuniary loss, Rs. 3,500/ - towards loss of consortium and Rs. 3,500/ - towards pain, suffering and loss of expectation of life, in all, Rs. 18,000/ - for all the four deaths. The husband has preferred this appeal.

(3.) A wife and mother is generally not a bread -winner and her loss is a loss of the gratuitous services rendered by her. In Berry v. Humm, (1915) 1 KB 627, it was held that such a loss was recoverable under the Fatal Accidents Act and the contention that absence of money contribution by the deceased required no compensation to be paid, was rejected. Scrutton, J. said: