The court emphasized the need for just compensation reflecting the invaluable contributions of homemakers, modifying the notional income and enhancing compensation for loss of consortium and funeral expenses.

Judgment :

NUPUR BHATI, J.

1. The present misc. appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 (‘Act of 1988’) against the judgment and award dated 07.03.2019, passed by the learned Judge, Motor Acccident Claims Tribunal, Sirohi (‘Tribunal’) in MAC Case No.65/2017, whereby the learned Tribunal has awarded Rs. 5,95,000/- as compensation to the appellants/claimants, while holding the respondents jointly and severally liable.

2. Briefly stated, the facts of the case are that on 08.05.2017 at around 12:30 AM, the deceased was travelling with her son, Gopal Singh on the motorcycle bearing Chessis Number MD2A11CYHRA01251 and Engine no. DHYOHA3783, when it collided with another motorcycle which was driven by respondent no.1/rider. On account of the said accident, the deceased suffered injuries and died subsequently. Thereafter, a case bearing no. CR 31/2017 was registered in Police Station, Barlut, Sirohi District and a claim was filed before the learned Tribunal.

3. In response to the claim petition, respondent no.1/rider filed his reply and denied the averments made therein, while respondent no. 2/Insurance Company submitted that at the time of accident, the rider was not having valid and effective license to drive the vehicle.

4. The appellants/claimants examined two witnesses (AW1 and AW2) and produced documentary evidences (Exb. 1 to 15) in support of their claim petition. The respondents examined one witness NAW1(Amit Wadera) and produced documentary evidence(Ex. NAW1), i.e. the Insurance Policy.

5. After hearing all the parties, the learned Tribunal partly allowed the claim petition and awarded a compensation of Rs. 5,95,000/- to the appellants/claimants in MAC Case No. 65/2017 along with interest @ 10%, while holding both the respondents jonitly and severally liable for the payment of the said compensation.

6. Aggreived of the order dated 07.03.2019 passed by the learned Tribunal, the appellants have preferred the present appeal.

7. Learned counsel for the appellants/claimants submits the learned Tribunal has erred in considering the income of the deceased as Rs. 4,000/- inasmuch as she was a homemaker, who also used to work on fields and derive earning from stitching. He further submiits that the learned Tribunal has also not granted compensation towards loss of consortium to her children. He also submits that the compensation awarded towards loss of estates and funeral expenses is on a lower side, which deserves to be enhanced in the light of judgment passed by the Hon’ble Apex Court in the case of National Insurance Co. Ltd. v. Pranay Sethi, [(2017) 16 SCC 680].

8. Per contra, learned counsel for the respondent/Insurance Company submits that the appellants/claimants have not produced any evidence to substantiate that the deceased used to earn from farming as well as stitching and therefore, in the absence of any evidence produced for determing the income, the learned Tribunal has rightly considered the income as Rs. 4,000/-.

9. Heard the counsel and perused the material available on record.

10. Before dealing with the assessment of notional income of the deceased (Homemaker) this Court finds it appropriate to take into consideration relevant judgments of the Hon’ble Supreme Court in this regard. The Hon’ble Supreme Court in Lata Wadhwa v. State of Bihar, (2001) 8 SCC 197, while acknowledging the multifarious services rendered by housewives has assessed their notional income. The relevant paragraph of the aforesaid judgment is as under:

“10. So far as the deceased housewives are concerned, in the absence of any data and as the housewives were not earning any income, attempt has been made to determine the compensation on the basis of services rendered by them to the house. On the basis of the age group of the housewives, appropriate multiplier has been applied, but the estimation of the value of services rendered to the house by the housewives, which has been arrived at Rs 12,000 per annum in cases of some and