6.The petitioner's husband is said to be engaged in Real Estate business but however, there is no document available to substantiate such claim. Furthermore, nothing has been placed on record to show as to whether the petitioner's husband was an Income Tax Assessee. The incident occurred while the petitioner's husband was travelling in his motorcycle along with his son to their farm land. The petitioner's husband is said to be the owner of the two wheeler which was driven by him on the fateful day. Therefore, this Court is constrained to determine the compensation by fixing a notional income and considering the overall circumstances, the notional income can safely be fixed at Rs.6000/- per month and after deducting 1/3rd amount towards personal expenses of the petitioner's husband, Rs.4,500/- could be arrived at the monthly loss of income. With regard to loss of consortium, loss of love and affection towards the petitioner and two minor children, the petitioner is entitled to reasonable compensation, more particularly when they are minor children and the petitioner is a young widow who is not employed. Therefore, this Court determines the amount payable towards loss of consortium, loss of love and affection at Rs.2,00,000/-. Since the petitioner's son also was an inpatient in the hospital as could be seen from the FIR and the petitioner would have incurred expenses for transportation, treatment etc., apart from funeral expenses for her husband which is computed as Rs.20,000/-. Thus, considering the overall circumstances, this Court is of the view that a sum of Rs.10,00,000/- as compensation, would meet the ends of Justice and accordingly, the said sum is awarded as compensation for the death of the petitioner's husband as full and final settlement.
