Claimants who lost gratuitous service rendered by deceased, are entitled to adequate compensation.

S. MANIKUMAR, J.

The Insurance Company, who suffered a decree for compensation of Rs. 3,65,000/- with interest at the rate of 7.5% per annum from the date of claim, has preferred this appeal.

2. Brief facts leading to the appeal are as follows:

On 15.7.2003 about 4.30 p.m., when the deceased Murugeswari and Selvarani were standing in the bus stop on Dindigul-Trichy main road, a lorry owned by the fourth respondent and insured with the appellant-Insurance Company came in a rash and negligent manner, dashed against them and both of them died on the spot. Two separate claim petitions were filed by the legal representatives of the deceased. As the claim petitions arose out of the same accident, both the petitions were taken up together, common evidence was let in and documents marked. As far as the claimants in the present appeal are concerned, the Tribunal awarded Rs. 3,65,000/- with interest at the rate of 7.5% per annum from the date of claim.

3. Heard Mr. Srinivasa Raghavan, learned counsel for the appellant and Mr. Ajmal Khan, learned counsel for the respondents.

4. Mr. Srinivasa Raghavan, learned counsel for the appellant submitted that in the absence of proof of avocation, the Tribunal ought to have considered that the deceased was only a house wife and should have fixed the notional income of Rs. 15,000/- for the purpose of computing dependancy compensation. He further submitted that in the absence of any proof of income, the Tribunal has to take note of multifarious services rendered by the house wife and ought to have followed the dictim laid down by the Hon‘ble Supreme Court In Lata Wadhwa and Others v. State of Bihar Lata Wadhwa and Others v. State of Bihar Lata Wadhwa and Others v. State of Bihar AIR 2001 SC 3218 : (2001) 8 SCC 197 : 2001-II-LLJ-1559 : 2001 ACJ 1735. He further submitted that the application of multiplier ‘17‘ for arriving at the dependancy compensation is excessive.

5. On the other hand, Mr. Ajmal Khan, learned counsel for the respondent submitted that the deceased was a tailor at the time of accident and was contributing Rs. 3,000/- per month. He further submitted that the first respondent, husband of the deceased and his minor children have lost the services rendered by the deceased and the first respondent has to engage another person for doing domestic work. The contribution from tailoring work was supplementary to the family, which is now required from other source and therefore, the said factor has to be considered for awarding compensation. He further submitted that the compensation of Rs. 20,000/-awarded for loss of love and affection is inadequate and the Tribunal has failed to award adequate compensation for transportation expenses. He submitted that the Tribunal ought to have awarded reasonable compensation to the first respondent, who has lost his wife at the age of 33 years.

6. Before dealing with the facts and the decisions of Indian Courts on the determination of quantum of compensation, guidance is taken from the judgment of the Supreme Court, which has extracted a portion of the Queens Bench decision of England, as to what would be the basis for qualifying for compensation for loss of services rendered by house wives. In Regan v. Williamson 1977 ACJ 331 (QBD, England), it was noted that the present law is that “dependents are to be compensated only for the value of the services lost to them by the death of a wife and mother. A wifes companionship is to be ignored, likewise the grief and misery caused by her departure and, so too, a mothers love, guidance and influence in bringing up children.” Reference was made to causes in which there was strict disregard to those features of the life of a woman beyond her so-called services, to keep house, cook food, buy clothes, wash them, etc. Though the learned Judge found himself bound by the law, yet he expressed the view that the work services‘ has been too narrowly construed. The observations of the Learned Judge is as follows: