SHAKUNTALA DEVI Vs. DELHI TRANSPORT CORPORATION

JUDGEMENT

(1.) SEVERAL persons sustained injuries and some died too when the bus DLP 1952 after striking against the trolley of a tractor parked off the road, went and hit into the tempo DHL 8186. This happened on the Smalkha-Panipat Road at about 2. 45 a. m. on March 31, 1983. It was the finding of the Tribunal that the accident had been caused entirely due to the rash and negligent driving of the bus driver. A sum of Rs. 6,000/- was awarded as compensation to the mother of the six years old child, Usha, who was killed in this accident while the mother of the 12 years old Raj Kumar deceased was awarded Rs. 19,200/ -. The third person killed was Shanti Devi whose husband and son have been awarded Rs. 6,000/- as compensation. The claim in appeal now is for enhanced compensation in all these cases.

(2.) THE judgment of the Full Bench of our court in Bimla Devi v. National Insurance Co. Ltd. 1988 ACJ 981 (Pandh), leaves no scope for any enhancement in compensation in respect of Usha and Raj Kumar deceased keeping in view their respective ages. Indeed, in the case of child below 5 years of age, it has been specifically held that Rs. 6,000/- would be a reasonable figure to be awarded as compensation to the parents. Seen in this light, the claims for enhanced compensation in these two appeals cannot be sustained.

(3.) THE case relating to Shanti Devi deceased, however, stands on a different footing, inasmuch as she was 30 years of age at the time of her death, and the claimants are her husband and son. The basis for the claim of compensation here being provided by the loss of services of a housewife and mother. As held by this court in Sunny Chugh v. Darshan Lal 1987 ACJ 812 (Pandh), it is indeed well settled that the services that a housewife provides for the household even though rendered gratuitously do indeed have a monetary value in respect of which compensation is payable particularly to the beneficiaries of such services which would include the husband and the children. Amongst the various heads of pecuniary loss to the husband, there is loss of the wife's contribution to the household from her earnings, the additional expenses incurred or likely to be incurred by having the household run by a servant or other domestic help instead of the wife; the expenses of buying clothes for the children instead of having them made by the wife and similarly having the husband's clothes mended or stitched elsewhere than by his wife and the loss of that element of security provided to the husband where his employment is insecure or his health is bad and where the wife would go out and earn a living.