Kumari Purnima Vindal and Others vs Chater Mal and Others

M.S. Liberhan, A.C.J.—This Letters Patent Appeal is directed against the judgment of learned Single. Judge dated July 30, 1984 passed in FAO No.378 of 1978. The brief facts of the case are that Smt. Chander Mani wife of Shyam Sunder Vindal died in a road accident which took place on 11.7.1972 due to rash and negligent driving of the offending vehicle (oil tanker) by its driver. The compensation to the legal heirs of Smt. Chander Mani, i.e. two minor children as well as her husband was declined by the Motor Accident Claims Tribunal and the learned Single Judge as well solely on the ground that there is no material available on the record which should indicate the loss, if any, suffered by the claimants on account of death of Smt. Chander Mani in the said accident.

The learned Single Judge has accepted that the deceased Smt. Chander Mani was a partner in the family business in which she had invested Rs.90,000/-. She was mother of two minor children aged 9 and 10 years at the time of her death. In the social condition of Indian Society even if the wife is assumed to be only a house wife, her role as house wife cannot be underestimated. In the absence of a house wife, engagement of a servant for cooking etc, by itself will result in loss of about Rs.1000/- per month particularly keeping in view the minimum rate of wages being Rs. 40/- per day under the minimum wages Act. Still one has to incur some expenditure for looking after the minors. We, therefore, in totality assess the annual dependency of the family at Rs. 12,000/- per year, The deceased was 41 years of age at the time of her death.

Keeping in view the facts and circumstances of this, case, particularly the age of minor children and the age of the deceased at the time of her death, we are of the considered view that multiplier of .16 {sixteen) should be applied to arrive at a just compensation. Thus, by applying multiplier of 16, the total compensation comes to Rs.1,90,000/-. Rounding up of the figure we are of the opinion that Rs, 2 lacs, would be a just and reasonable amount of compensation to the claimants which shall be paid by the respondents with 12% interest from the date of application till its payment. The liability of the respondents to pay the said amount, shall be joint and several. Out of the said amount of Rs. 2 lacs, Rs. 50000/- shall be paid to the husband of the deceased while the remaining amount of Rs. 1.50 lacs with interest shall be deposited fifty fifty in F.D. Rs. in any scheduled bank in the names of minors, which they will get on attaining the age of majority. However, the guardian of the minor children would be at liberty to withdraw the interest accruing on the principal amount and spend on their education etc.

With the above observations, the Letters Patent Appeal is accepted and the impugned judgment of the learned Single Judge is set aside. However, there will be no order as to costs.