Case Note & Summary
The appeal arises from a judgment and award dated 12.05.2016 passed by the Motor Accident Claims Tribunal (Aux.) & 6th Additional District Judge, Limbdi, in M.A.C.P. No. 186 of 2012 (Old M.A.C.P. No.613 of 2002). The claimants, being the husband and children of the deceased Chandrikaba, sought compensation for her death in a vehicular accident on 28.01.2002. The deceased was a passenger in a car driven by her husband when a truck driven rashly and negligently collided with the car, causing fatal injuries. The Tribunal partly allowed the claim, awarding Rs. 2,79,540 with 9% interest, and apportioned negligence 90:10 between the truck and car. The claimants appealed for enhancement of compensation. The High Court considered the notional income of a housewife, applying Rs. 3,000 per month as per the Second Schedule of the Motor Vehicles Act, 1988, and used multiplier 7 for age 62, deducting 1/3rd for personal expenses, resulting in loss of dependency of Rs. 1,68,000. Additionally, Rs. 15,000 for funeral expenses and Rs. 40,000 for loss of consortium were awarded, totaling Rs. 2,23,000. The court upheld the 90:10 negligence ratio, finding no contributory negligence by the car driver. The appeal was partly allowed, enhancing compensation to Rs. 2,23,000 with 9% interest from the claim petition date.
Headnote
A) Motor Accident Compensation - Death of Housewife - Notional Income - The court held that a housewife's services have economic value and notional income should be assessed at Rs. 3,000 per month for the year 2002, applying multiplier of 7 as per Sarla Verma v. DTC, and deducting 1/3rd for personal expenses, resulting in loss of dependency of Rs. 1,68,000. (Paras 5-7) B) Motor Accident Compensation - Contributory Negligence - Apportionment of Liability - The court upheld the Tribunal's finding of 90:10 negligence ratio between truck and car, as the truck driver was rash and negligent, and the car driver had no contributory negligence. (Para 4) C) Motor Accident Compensation - Conventional Heads - Funeral Expenses and Loss of Consortium - The court awarded Rs. 15,000 for funeral expenses and Rs. 40,000 for loss of consortium to the husband, as per Pranay Shethi guidelines. (Para 8)
Issue of Consideration
Whether the compensation awarded by the Tribunal for the death of a housewife is just and proper, and whether the apportionment of negligence between the truck and car was correct.
Final Decision
Appeal partly allowed. Compensation enhanced to Rs. 2,23,000 with interest at 9% per annum from the date of filing of the claim petition till realization. The apportionment of negligence at 90:10 is upheld. The insurance company of the truck is liable to pay 90% of the enhanced amount.
Law Points
- Notional income for housewife
- multiplier for age 62
- deduction for personal expenses
- contributory negligence
- Motor Vehicles Act
- 1988
