DHARAMBIR Vs. PRITHVI SINGH

JUDGEMENT

(1.) These two appeals are taken up for disposal together as they arise out of the same award passed by the learned Motor Accident Claims Tribunal, Rewari (for short, 'Tribunal') on 27.07.2010 and are disposed of together by this common order.

(2.) The accident in question had taken place on 12.10.2008, in which Smt. Krishna Devi, who is wife of appellant No.1 in FAO No.2654 of 2011, succumbed to her injuries, while the appellant in FAO No.1421 of 2011, namely, Prem Singh, who otherwise does not appear to be related to 1 of 7 FAO No.1421 of 2011 the deceased sustained injuries on account of which he became permanently disabled to the extent of 13% only as claimed by him.

(3.) In relation to the award passed on account of death of the victim Krishna Devi, it is observed that a total compensation of Rs.2,49,000/ - was awarded. The learned Tribunal applied the multiplier of 13 after assessing the income of the deceased, who was a housewife, at Rs.18,000/ - per annum. In addition, amounts of Rs.5,000/ - towards loss of estate, funeral expenses and loss of consortium (each) in favour of the appellants were awarded. The grievance of the appellants is in relation to the assessed income of the deceased, which according to the appellants' counsel ought to have been assessed at Rs.3,000/ - per month in view of the prevailing judicial trend. In this regard, the appellants' side has placed reliance on the decision of the Coordinate Bench of this Court passed in FAO No.4428 of 2001 titled as 'Pala Ram and others Vs. Tahseem Khan and others' pronounced on 21.03.2016. In that decision relying upon the previous Hon'ble Supreme Court's decision in Arun Kumar Aggarwal Vs. National Insurance Company Ltd., 2010(3) R.C.R (Civil) 827, it has been held that the contribution of the deceased housewife to the family by way of her services would be to the tune of Rs.3000/ - per month. Nevertheless, in the case titled as 'Jitendra Khimshankar Trivedi Vs. Kasam Daud Kumbhar and others' 2015(2) SCC (Civil) 581, deduction from this amount to the extent of 1/3rd was also factored in by the Apex Court, thereby, leaving the net dependency claim to Rs.24,000/ - per annum. The appellants' side has also cited the Hon'ble Supreme Court's decision in 'Rajesh and others Vs. Rajbir Singh and others' 2013(3) RCR (Civil) 170, in which it has been held that in the current scenario the statutory compensation amounts specified under the various headings in the original statute have become virtually redundant. In the present case, the learned Tribunal effectively was guided by the very same age old prescriptions in awarding the compensation towards funeral expenses, loss of consortium etc. In para Nos.20 and 21 of the aforesaid judgment, the Hon'ble Apex Court has specifically laid down that an amount of at least Rs.1,00,000/ - for loss of consortium would be just and reasonable in the present time, while an amount of Rs.25,000/ - would be payable towards funeral expenses.