VINOD SAINI Vs. SATISH

JUDGEMENT

(1.) This order will dispose of FAO Nos. 3214, 4206, 3936, 3937 and 3938 of 2015 as these have emerged out of the same award dated 28.11.2014 passed by the Motor Accidents Claims Tribunal, Rohtak (in short 'the Tribunal') whereby compensation has been assessed on account of death of Bimla, Pawan, Anita, Parmod and Aditya and injuries sustained by Aditi in a motor vehicular accident that took place on 17.06.2012. All the aforesaid appeals have been filed by the claimant(s) seeking enhancement of compensation.

(2.) The Tribunal awarded Rs. 1,25,000/- with regard to death of Bimla aged 62 years. The claim has been preferred by married son, grand daughter, widowed daughter in law, Radhima daughter of Pawan Saini, Poonam and Geeta daughter of Smt. Bimla.

(3.) The Tribunal has held that the claimants were not dependent upon income of the deceased and as such awarded Rs. 1,25,000/- under conventional heads towards loss of love and affection and expenses on funeral, transportation and last rites etc. Even if claimants were not absolutely dependent upon value of services of the deceased but it is difficult to accept that married children of the deceased would not be entitle to services of their mother. Taking into consideration that a house maker cannot be equated with a daily wager in view of multifarious duties being performed by her, value of services of the deceased is assessed at Rs.6000/- per month. There would be no deduction for personal and living expenses in the light of Division Bench judgment of this Court Paramjit Singh and another vs. Dilbagh Singh (a), Bagga and others, 2013(3) Law Herald 2730 but admissible multiplier would be 5. In this manner, loss of dependency is calculated at Rs.3,60,000/- (Rs.6000/- x 12 x 5).