Housewife's Contribution Is Invaluable: Calcutta High Court Enhances Compensation Over Death Of Woman In Road Accident
The Calcutta High Court has enhanced compensation awarded for the death of a homemaker in a motor accident case, underscoring that the contribution of a wife and mother to her family is “invaluable” and cannot be measured merely in monetary terms.
Justice Biswaroop Chowdhury increased the compensation payable to the deceased homemaker's minor daughter from ₹9.17 lakh to ₹11 lakh, while affirming the finding that the accident was caused by the negligent parking of a mini-truck in the middle of a national highway.
The Court observed that the loss suffered by family members due to the death of a homemaker “cannot be compensated by money” and that courts must award compensation that is “just and reasonable” in the circumstances of each case.
“A wife/mother does not work by the clock, she is in the constant attendance of the family throughout the day and night... She takes care of all the requirements of the husband and children,” the Court noted, relying on the Supreme Court's decision in Arun Kumar Agrawal v. National Insurance Co. Ltd.
The case arose from a road accident that occurred on April 16, 2022, near Harina Bus Stand on NH-6 in Paschim Medinipur. A car carrying Shamit Samanta, his wife Barnali Samanta Nandi and their two daughters collided with a stationary mini-truck allegedly parked in the middle of the highway without any warning signal.
According to the claimants, dust generated by another vehicle overtaking from the left reduced visibility, causing the car to crash into the illegally parked truck. Shamit Samanta and his wife died on the spot, while their elder daughter later succumbed to injuries. Their younger daughter, Saanvi, survived with injuries.
The Motor Accident Claims Tribunal had awarded ₹9.17 lakh compensation in relation to the death of homemaker Barnali Samanta Nandi and ₹2.10 crore in respect of the death of her husband. The insurer, Bajaj Allianz General Insurance Co. Ltd., challenged both awards, while the claimants sought enhancement.
Rejecting the insurer's argument that the truck could not be held responsible because it was stationary, the High Court held that a parked vehicle does not escape liability if it is negligently parked at an unauthorized location.
The Court noted that the police charge sheet also attributed the accident to the illegal parking of the mini-truck on the road.
On the issue of compensation for the deceased homemaker, the Court reiterated that there is no straight-jacket formula for determining the notional income of a housewife and each case must be assessed on its own facts.
Referring to Supreme Court precedents recognizing the economic and emotional value of homemakers' contributions, the Court observed that a mother provides care, guidance and support that cannot be substituted by hired domestic help.
Taking into account the family's status and the responsibilities undertaken by the deceased, the Court held that the compensation awarded by the Tribunal required enhancement.
Accordingly, the Court modified the award and directed payment of ₹11 lakh with interest at 6% per annum from the date of filing of the claim petition.
However, the Court dismissed the insurer's challenge to the compensation awarded for the death of Shamit Samanta and declined the claimants' plea for further enhancement on the ground of filial consortium, affirming the Tribunal's award of ₹2.10 crore.
Case: Bajaj Allianz General Insurance Co. Ltd. v. Saanvi Samanta & Anr. and connected matters.
Case No: F.M.A. 527 of 2025