SHER SINGH Vs. RAGHUBIR SINGH

JUDGEMENT

(1.) This appeal by the claimants has been filed for enhancement of compensation. The appeal is directed against the award of the Motor Accident Claims Tribunal (2), Una in MAC petition No. 72/2K K/97/97 decided on 23.4.2001.

(2.) Since the only point required to decided is with regard to the assessment of compensation, only the evidence relevant for this purpose is being discussed.

(3.) The deceased Avtar Kaur was travelling in bus No. PB -07A -9585 on 24.8,1997. This bus met with an accident as a result of which Avtar Kaur sustained injuries. She was first taken to the hospital at Una and thereafter she was shifted to PGI, Chandigarh. She died on 26.9.1997 i.e. one month and two days after the accident. The claimants are the husband and four children of the deceased. In the claim petition it was alleged that the deceased used to earn Rs. 3000/ - per month. The Tribunal came to the conclusion that the accident had occurred due to rash and negligent driving of the driver of the bus. It held that since the bus was insured with the Oriental Insurance Company, the said insurance company is liable to pay the compensation. The dependency of the family was assessed at Rs. 600A per month and total compensation Rs. 1,07,000/ - was awarded in favour of the claimants. 4.1 am unable to agree with the reasoning given by the Learned Tribunal. The Tribunal has assessed the work being rendered by the house -wife at Rs.600/ -per month. The Tribunal has done this by coming to the conclusion that the service rendered by the deceased to her family can be replaced by hiring a servant at a salary of Rs.600/ - per month. This reasoning is totally fallacious The work being done by a wife and mother cannot be done by a maid -servant. No servant can work for 24 hours at a salary of Rs.600/ - per month. Furthermore, such servant would have to be provided food, clothing and other facilities, in any event in my opinion, the role of a mother or house wife should not even be compared to that of a servant.