PURNIMA VINDAL Vs. CHATER MAL

JUDGEMENT

(1.) THIS Letters Patent Appeal is directed against the judgment of learned Single Judge dated 30.7.1984, passed in F.A.O. No. 378 of 1978. The brief facts of the case are that Chander Mani, wife of Shyam Sunder Vindal, died in a road accident which took place on 11.7.1972 due to the rash and negligent driving of the offending vehicle (oil tanker) by its driver. The compensation to the legal heirs of Chander Mani, i.e., two minor children as well as her husband, was declined by the Motor Accident Claims Tribunal and the learned Single Judgeas well solely on the ground that there is no material available on the record which should indicate the loss, if any, suffered by the claimants on account of death in of Chander Mani in the said accident.

(2.) THE learned Single Judge has accepted that the deceased Chander Mani was a partner in the family business in which she had invested Rs. 90,000/-. She was mother of two minor children aged 9 and 10 years at the time of her death. In the social condition of Indian society even if the wife is assumed to be only a house-wife, her role as housewife cannot be underestimated. In the absence of a house-wife, engagement of a servant for cooking, etc., by itself will result in loss of about Rs. 1,000/- per month, particularly keeping in view the minimum rate of wages being Rs. 40/- per day under the Minimum Wages Act. Still one has to incur some expenditure for looking after the minors. We, therefore, in totality assess the annual dependency of the family at Rs. 12,000/- per year. The deceased was 41 years of age at the time of her death.

(3.) WITH the above observations, the Letters Patent Appeal is accepted and the impugned judgment of the learned Single Judge is set aside. However, there will be no order as to costs.