G.P. MITTAL, J.

MAC.APP. 590/2011

1. The Appellant Royal Sundaram Alliance Insurance Company Limited seeks reduction of compensation of Rs.8,50,000/-awarded in favour of the Respondents (Claimants) by the Motor Accident Claims Tribunal, (the Claims Tribunal) by judgment dated 05.04.2011 for the death of their mother Jasvinder Kaur who died in an accident which took place on 04.11.2009.

2. In fact, Respondents No. 1 to 3”s father Harvinder Singh also lost his life in this very accident.

3. The contention raised on behalf of the Appellant is that the Tribunal arbitrarily took the value of the gratuitous services rendered by the deceased as Rs.6,000/-per month which is against the law laid down by the Supreme Court.

4. To assess the value of services rendered by a homemaker so as to calculate the loss of dependency in case of her death in a road accident is an uphill task. Sometimes the Claims Tribunals have taken the salary of a skilled worker and sometimes have taken 50% wages of a skilled worker. Clause 6 (b) of the Second Schedule to Section 163-A of the Motor Vehicles Act, 1988 (M.V. Act) lays down that the income of a non-earning spouse shall be considered to be one-t