The court established principles for determining the compensation payable to the dependents of a housewife killed in a motor vehicle accident, including the assessment of her income, contribution to the family, application of a multiplier, and deposit of the compensation amount in a Monthly Income Scheme.

Kanwaljit Singh Ahluwalia, J.

On 28.5.1994 at about 5:30 PM, on National Highway No.11 near village Sikandara Ki Dhani, Kumari Bina and Smt. Durga Devi were travelling in tractor. The tractor was parked on the side, when a Tanker bearing Registration No. GJ 12 T 8512 came from the side of Manpur in a rash and negligent manner and collided with the parked tractor. As a result thereof, Smt. Durga Devi and Kumari Bina died. Legal heirs of Durga Devi filed a claim petition. The said claim petition was decided by the Motor Accident Claims Tribunal, Dausa Camp at Bandikui by giving award dated 6.2.1996.

2. The finding given by the Tribunal that the accident had occurred due to rash and negligent driving of offending vehicle has not been assailed. The present appeal has been filed for enhancement of the award given in favour of the claimants of Durga Devi.

3. The Tribunal in its award determined the age of Durga Devi as 45 years. The Tribunal noted that in his testimony Ram Dayal A.W.1 son of Durga Devi deceased deposed that Durga Devi was earning Rs.2500/- per month as a labourer and being a housewife was contributing for up-keep of her family. It is also admitted fact that Durga Devi after accident was admitted in SMS Hospital, Jaipur, where she died after six days of the occurrence. The Tribunal noted that Post Mortem of Durga Devi was performed on 3.6.1994 and the occurrence had taken place on 28.5.1994, therefore, Durga Devi in an injured condition was taken to the hospital at Jaipur. The Tribunal awarded Rs.2,000/- as transportation expenses for taking injured to the hospital. The Tribunal held that there is no evidence brought on record that Durga Devi was earning Rs.2,500/- per month as a labourer. However, the Tribunal assessed Rs.600/- per month as contribution of Durga Devi towards family and assessed his annual income as Rs.7,200/-. The Tribunal further held that out of said income, ?rd is to be deducted as personal living expenses for Durga Devi and thereafter, applied multiplier of 12 and awarded Rs.89,600/- as compensation. Besides the above amount, the Tribunal also awarded Rs.5,000/- to each family member towards physical pain and loss. The Tribunal further held that since offending vehicle was insured with the respondent No.4 United India Insurance Co. Ltd., Jaipur, the amount of compensation is liable to be paid by the Insurance Company.

4. Nobody has appeared on behalf of the Insurance Company.

5. The learned counsel for the appellant has relied upon the case of Lata Wadhwa & Ors. v. State of Bihar & Ors. 2001 ACJ 1735, and contended that Supreme Court in the said case had determined income of deceased housewife in the age group of 34 to 59 years as Rs.36,000/- per annum. It is stated that incident in the case of Lata Wadhwa (supra) had taken place in March, 1989. The learned counsel for the appellant has further relied upon Arun Kumar Agrawal & Anr. v. National Insurance Co. Ltd. & Ors., 2010 ACJ 2161, wherein for determining the contribution of housewife, it was observed as under:-

"23. In India the Courts have recognised that the contribution made by the wife to the house is invaluable and cannot be computed in terms of money. The gratuitous services rendered by wife with true love and affection to the children and her husband and managing the household affairs cannot be equated with the services rendered by others. A wife/mother does not work by the clock. She is in the constant attendance of the family throughout the day and night unless she is employed and is required to attend the employer's work for particular hours. She takes care of all the requirements of husband and children including cooking of food, washing of clothes, etc. She teaches small children and provides invaluable guidance to them for their future life. A housekeeper or maidservant can do the household work, such as cooking food,