ASHOK SHANDIL Vs. SUBHASH CHAND

JUDGEMENT

(1.) This appeal by the claimants is directed against the award of the Motor Accident Claims Tribunal, Solan in MAC Petition No. 49 -S/2 of 1998 decided on 19.6.2000.

(2.) The claimants are the husband and two minor children of deceased Smt. Rita Shandil. The deceased was a graduate from HP. University and obtained tailoring and cutting training for a period of one year from Nehru Yuvak Kendra, Solan. According to the husband, the deceased was also doing her own business of tailoring Mohali. The husband Ashok Shandil in private employment in Mohali. The minor children were aged 8 and 13 years at the time of the accident. The learned Tribunal has assessed the income of the deceased at Rs.5000/ - per month but has taken the dependency of the family at Rs.1000/ - per month. The Tribunal has awarded a sum of Rs.2,16,000/ - as loss of dependency, Rs.40.000/ - for loss of living being of the family, Rs.10,000/ - as post death expenses and Rs.2000/ - as litigation cost. The total award of Rs.2,68,000/ - was made in favour of the claimants . The claimants aggrieved against the award of the Tribunal have filed the present appeal. 3, 1 have heard Shri Ramakant Sharma learned counsel for the claimants as well as Shri Lalit Sharma, learned counsel for respondent No.3.

(4.) From the evidence on record, it is apparent that the decease was an educated young lady. The husband stated that the deceased was also doing her own business of tailoring. This fact has also been supported by PWs 4 and 5 who are neighbours of the deceased and who had got some clothes stitched from her. There is no proof on record with regard to her income. However, it is clear that the deceased in addition to looking after her household work was doing the tailoring business to augment the house hold income. While assessing the compensation in case of house -wife, one must keep into consideration the fact that normally in Indian homes, it is the lady who does most of the household work especially when she is not in organized employment. A lay has to manage the house, children and day to day chores which are taken to be part and parcel of the household duties of a woman.