Summary
The deceased agricultural labourer’s children challenged an award of Rs 70,600 for her death in a road accident. Accounting for both paid agricultural labour and unpaid household work, the Court reassessed dependency and enhanced total compensation to Rs 5,34,000.
Issues
- Whether compensation adequately recognised the deceased’s agricultural earnings and contribution to household work.
- What multiplier, conventional damages and interest should apply.
Held
- The assessment of Rs 650 monthly income was too low. The assumption that a woman labourer would not find daily work ignored other rural work and her contribution to maintaining the household and caring for children. Monthly income was fixed at Rs 4,500: Rs 3,000 for agricultural work and Rs 1,500 for household work. (¶ 6–7)
- After deducting one-third for personal expenses, monthly dependency was Rs 3,000. For the deceased aged 42, multiplier 14 under Sarla Verma was applied, producing dependency compensation of Rs 5,04,000. (¶ 7)
- Rs 15,000 each for loss of estate and funeral expenses increased the total to Rs 5,34,000. The enhanced compensation carried interest at 7% from the High Court judgment dated 27 January 2016; respondents 1 to 3 were jointly and severally liable. (¶ 8–9)
Result
Appeal partly allowed; total compensation enhanced to Rs 5,34,000, with interest on the enhanced compensation at 7% per annum from 27 January 2016. Respondents 1 to 3 held jointly and severally liable.