LexJITENDRA KHIMSHANKAR TRIVEDI & ORS. versus KASAM DAUD KUMBHAR & ORS.
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[2015)2 S.C.R.120 A JITENDRA KHIMSHANKAR TRIVEDI & ORS. B v. KASAM DAUD KUMBHAR & ORS. (Civil Appeal No. 1415 of 2015) FEBRUARY 03, 2015 [V. GOPALAGOWDAAND R. BANUMATHI, JJ.] Motor Vehicles Act, 1988: s. 166 - Compensation - Fatal accident due to rash and negligent driving - Deceased aged 22 years, a housewife and doing embroidery and knitting work C - Tribunal assessed the income of the deceased at Rs. 1500 p.m. -After deducting 113rd for personal expenses and after adopting multiplier of 18, tribunal calculated the loss of dependency at Rs. 2. 16 lacs - Driver/owner of offending 0 vehicle filed appeal - High Court partly allowed the appeal taking the income of the deceased at Rs. 1350 p. m. and deducting 1/3rd for personal expenses, held the claimants entitled to compensation of Rs. 2. 09 lacs - On claimant's appeal, held: Considering the nature of work and evidence of witnesses, the deceased would not have earned less than E Rs.3000 p.m. had she been alive - Even otherwise, as deceased was a home maker, it is reasonable to fix her income at Rs.3000. p.m. - Deducting 1/Jrd for personal expenses contribution of the deceased is calculated at F Rs.2,0001- p.m. - Taking multiplier to be adopted is 18- Total loss of dependency comes to Rs. 4, 32, 0001- (Rs. 2000 x 12 x 18) - Rs. 1, 00, 0001- awarded towards loss of consortium and Rs.1, 00, 0001- towards loss of love and affection to the minor children - Towards loss of estate and funeral expenses, award G of compensation of Rs. 15, 0001- awarded by the High Court is maintained - Thus, the claimants are entitled to a total compensation of Rs.6,47,0001- - As against the award passed by the tribunal even though the claimants have not preferred any appeal and even though the claimants have H 120 JITENDRA KHIMSHANKAR TRIVEDI & ORS. 121 v. KASAM DAUD KUMBHAR & ORS. then prayed for compensation of Rs.2.96 lacs for doing A complete justice to the parties, exercising jurisdiction u/Artic/e 142 of the Constitution of India, it is deemed appropriate to award enhanced compensation of Rs. 6,47,0001 to the claimants - Constitution of India, 1950 -Article 142. B Partly allowing the appeal, the Court HELD: 1. The tribunal observed that in the district of Kachchh embroidery work, stitching work and local traditional embroidery work is doing well and had the deceased been alive she would have earned Rs.1,5001- C per month. Deducting 1/3'd for personal expenses and adopting multiplier of 18, tribunal calculated the loss of dependency at Rs.2, 16,0001- (Rs.1000 x 12 x 18). Though in their cross-examination, parents-in-law deposed that they did not keep voucher and account books, D reasoning of the tribunal that the "embroidery and tailoring work is doing well in the district of Kachchh and that the deceased would have earned not less than Rs.1,500/- per month is well merited. The respondents E have not adduced any evidence to prove that the deceased was not doing any embroidery or tailoring work or the like. While so, in the light of the factual findings recorded by the tribunal, High Court was not justified in reducing the income of the deceased to F Rs.1,350/- per month from Rs.1,5001-. Thus, considering the nature of the work and the evidence of claimants' witnesses-father-in-law and mother-in-law of the deceased, had the deceased been alive she would have earned not less than Rs.3,0001- per month. [Paras 9 and G 1 OJ [126-G-H; 127-A-E] 2. Even assuming that the deceased was not self- employed doing embroidery and tailoring work, the fact remained that she was a housewife and a home maker. It is hard to monetize the domestic work done by a H 122 SUPREME COURT REPORTS [2015] 2 S.C.R. A house-mother. The services of the mother/wife is available 24 hours and her duties are never fixed. Courts have recognized the contribution made by the wife to the house is invaluable and that it cannot be computed in terms of money. A house-wife/home-maker does not B work by the clock and she is in constant attendance of the family throughout and such services rendered by the home maker has to be necessarily kept in view while calculating the loss of dependency. Thus even otherwise, taking deceased as the home maker, it is C reasonable to fix her income at Rs.3,000/- per month. [Para 11] [127-E-H] 3. As against the award passed by the tribunal even though the claimants have not filed any appeal, but it is o obliga
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