(per the Hon’ble Mr.Justice

B.S.A. Swamy)

This appeal is filed under Section 15 of the Letters Patent Act aggrieved by the judgment and decree in A.A.O.No.1252 of 1985, dated 8th November, 1988, whereunder the learned single judge of this court enhanced the compensation from Rs.50/- to RS.100/- per month for the services of a servant maid after deducting reasonable percentage due to the fact of payment of the same in lumpsum, and ultimately fixed the said amount at Rs.20,000/- towards loss of domestic services, Rs.5,000/- towards loss of consortium and

Rs.5,400/- towards pain and suffering and loss of expectation of life, with 10% interest on the unpaid amount.

The facts of this case are that on 23-04-1982 while the deceased Padmavathamma was traveling in a Van bearing No.APA-418 from Sirivel to Nandyal there was a head-on-collusion between the said Van with the RTC bus bearing No.AAZ-2688 at about 2-00 p.m., on Nandyal-lllur road near 5.37 km stone, and she died on the spot. Hence, the husband of the deceased filed M.V.O.P.No.44 of 1982, along with his sons, claiming RS.1,000/- towards funeral expenses, Rs.1,32,000/- towards loss of earnings for 24 years, at the rate of Rs.5.500/- per year, Rs.l0,000/- towards loss of consortium exclusively for the Ist petitioner, Rs.l0,000/- towards love and affection and Rs.20,000/- towards loss of domestic services, but they restricted their claim to Rs.l,00,000/- only.

During the trial it came to light that the woman died is of some status and her parents had given her 15 acres of land towards her ‘pasupu kumkama’, and she was getting more than Rs.10,000/- per year on it. The trial court having held that the accident had taken place due to the rash and negligent driving of the Ist respondent and there was no negligence on the part of the driver of the above mentioned van, unfortunately, came to the conclusion that the loss of earnings at the rate of Rs.50/- per month for engaging a cook for doing domestic service, for 22 years, which came to Rs.11,000/- and having deducted 1/3rd of the said amount, as the amount was being paid in lumpsum, awarded Rs.8,800/-and the husband of the deceased was awarded a compensation of Rs.5,000/- towards loss of consortium, Rs.5,400/- towards pain and sufferance, in all a compensation of Rs.19,200/- with 6% interest was given. Aggrieved by the said order and decree, the claimants carried the matter in appeal in A.A.O.No.1252 of 1985, and the learned single Judge of this Court by order, dated 8th November, 1988, enhanced the compensation from Rs.50/- to Rs.100/- per month towards loss of services and after deducting the reasonable percentage due to the fact of payment of the same in lumpsum awarded Rs.20,000/- and the other amounts referred supra.

To our mind, the decisions rendered by the superior courts in arriving at the compensation payable to the dependants of the deceased in similar circumstances are not of much help as the person died in instant case is a housewife. Hence, we have to take into consideration the totality of the circumstances in awarding the compensation. Unfortunately, the court below and the learned single judge of this court reduced the value of the minister of a family to that of a domestic servant in arriving at the compensation and awarded a meager amount.

Admittedly, the housewife not only cooks and serves food, but also is the minister/administrator of the house. She is the connecting link between generations and watchdog of the properties of the family. Admittedly, due to the sudden demise of the head of the family in the house, there is no safety to the properties of the family as there is every likelihood of the servants indulging in mischievous acts. Further, by the death of a wife not only the husband lost companion, but the children also lost their philosopher and guide, who has to mould their careers apart from love and affection from the natural mother.

The counsel representi