Raghbir Singh & ORS v. Bijender Singh & ANR

3.

Since in present appeal the only issue raised by appellantsclaimants is as regards to quantum of compensation the detailed facts as regards to manner of accident are not being noticed for the sake of brevity. ▪Future prospects were not added while determining loss of dependency. Future prospects to the extent 25% of monthly income needs to be added as the deceased was 50 years of age at the time of accident.

▪The deduction towards personal expenses of the deceased ought to be 1/4th keeping in view the number of dependents to determine loss of dependency.

▪Multiplier applied by learned Tribunal is '8' whereas, keeping in view the age of deceased the multiplier of '13' ought to have been granted.

▪Appropriate compensation amount needs to be granted under the heads loss of consortium, funeral expenses and loss of estate in accordance with law laid down by Hon'ble Supreme Court. 6.

It is the case of the appellants-claimants that the deceased was 54 years old at the time of accident and was earning Rs.8,000/- per month by doing tailoring work and giving tuitions. Raghbir Singh, husband of the deceased who appeared as PW2 stated that the deceased did tailoring work and gave tuitions and earned Rs.8,000/- per month. However, except for oral assertions nothing has been brought on record to show the vocation and

income of the deceased. In absence of any cogent evidence to show income and vocation of the deceased minimum wages prevalent at the time of accident would be applicable. The The learned tribunal has taken the income of the deceased as Rs.1,600/- per month. Merely because deceased was housewife, her contribution towards family cannot be considered any lesser than an earning member. A housewife contributes immensely towards the welfare of family and her contribution cannot be less than an earning member, who would have earned and contributed to the family in cash. This view of mine find support from Kirti Singh and Anr. Vs. Oriental Insurance Company Ltd. 2021 (1) RCR (Civil) 478. The deceased in the present case was 51 years of age and a home-maker. The minimum wage for an unskilled worker prevailing at the time of the accident was admittedly Rs.2,050/- per month. The number of claimants who had survived deceased are four hence, 1/4th deduction would be applicable to determine the loss of dependency.

Further, the

compensation awarded under the conventional heads and under the head 'loss of consortium' is not just and sufficient and needs to be granted/enhanced. Appellants-claimants would be entitled to Rs.7,500/- towards loss of estate and Rs.7,500/- towards funeral expenses and the Rs.15,000/- each towards loss of spousal and parental consortium.