Point of Law : House wife was more than a mere skilled worker and it would not be unreasonable to estimate the contribution of the deceased in the present case at a higher figure amounting to Rs. 5,000/- without deduction.

JUDGMENT :

MALASRI NANDI, J.

1. Heard Mr. S. Chauhan, learned counsel appearing for the appellants/petitioners as well as Ms. M. Choudhury, learned counsel appearing for the respondents.

2. This appeal has been preferred by the appellants/claimants challenging the award amounting to Rs. 4,25,000/- passed by the learned Member, MACT No. 2, Kamrup(M) in MAC Case No. 1413/2014, on the ground that the claimants are minor daughters, widowed mother of the deceased and they are dependants of the deceased as such loss of dependency should be considered and the award be modified by enhancing the amount.

3. I have gone through the Judgment of the learned Tribunal. The Tribunal has assessed the amount of compensation as follows:

4. Admittedly, there is no dispute regarding the death of Swapna Rani Debnath, in an accident which took place on 30.12.2013 at about 3.45 P.M. at Rajiv Nagar, Lanka, under Lanka P.S. in the district of Hojai, Assam by involving he vehicle AS-01DD/0020 (Mahindra Pick Up Van).

5. The only submission of learned counsel for the appellant is that learned Tribunal failed to hold that the claimant nos. 2, 3, 4, 5 and 6 are unmarried daughters of the deceased who are also dependents because deceased was their mother having income of her own as such loss of dependency should be taken into consideration while assessing award of compensation. In support of his submission, learned counsel for the appellant has placed reliance on the following case laws:

(i) Gujarat State Road Transport Corporation, Ahmedabad, (1987) 3 SCC 234

(ii) Smt. Manjuri Bera vs. Oriental Insurance Company Ltd. (2007) 10 SCC 643

(iii) Rajendra Singh and Others vs. National Insurance Company Limited and Others, (2020) 7 SCC 256

(iv) National Insurance Company Limited vs. Birender and Others, (2020) 11 SCC 356

(v) New India Assurance Co. Ltd. and Others vs. V. Slami and Others, (2021) 1 GLT 20

(vi) Kirti and Another vs. Oriental Insurance Company Limited, (2021) 2 SCC 166

6. On the other hand, learned counsel for the Insurance Company has argued that claimant no. 1 as PW-1, husband of the deceased, nowhere stated that he was dependent on the income of his deceased wife. He has a fair price shop. Learned Tribunal has delivered well reasoned judgment. There is no scope to interfere with the judgment of the learned Trial Court and the appeal should be dismissed.

Learned counsel for the Insurance Company has cited one case law in support of her submission, Smt. Kaushnuma Begum and Others vs. New India Assurance Co. Ltd. and Others, (2001) 2 SCC 9.

7. I have heard rival submissions of the learned counsel of both sides.

8. It appears from the evidence of PW-1 i.e. husband of the deceased that the deceased was working as Anganwadi helper and her monthly salary was Rs. 1,500/-. He had not submitted any document to prove that her salary would have been increased in future. He had not produced any document to prove that the deceased was also doing private tuition.

9. In the case of Jitendra Khimshankar Trivedi and Others vs. Kasam Daud Kumbhar and Others, (2015) 4 SCC 237, the Hon’ble Supreme Court held that the matter of compensation wherein the deceased was a housewife, even assuming was not self-employed doing embroidery and tailoring work, the fact remains that she was a housewife and a home maker. It is hard to monetize the domestic work done by a housewife/mother. The service 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 only work by the clock and she is in constant at