"In my considered opinion to tag a house wife as a 'skilled worker' alone does not do complete justice to her multifarious role as a home manager. Keeping in view the lapse of 32 years between the accident in the case of Lata Wadhwa (infra) and the present accident, my conclusion that a house wife was more than a mere skilled worker and it would not be unreasonable to estimate the contribution of the deceased in the present case at a higher figure amounting to Rs. 5,000/- without deduction."
In Lata Wadhwa & Ors. v. State of Bihar & Ors., (2001) 8 SCC 197, the Supreme Court had evaluated the contribution of a house wife at Rs. 3,000/- per month. 32 years had lapsed since. Hence, the High Court computed compensation at Rs. 5,000/-.
The development ensued in a Motor Accident Appeal filed by the dependants of the deceased person against the compensation awarded by the Motor Accident Vehicle Tribunal.
The dependants are minor daughters and widowed mother of the decreased. They claimed that loss of dependency should be considered while assessing award compensation.
The High Court emphasised the invaluable contribution made by house wife which cannot be computed in terms of money by relying of Jitendra Khimshankar Trivedi & Ors Vs. Kasam Daud Kumbhar & Ors (2015) Vol. 4 SCC 237, whereby the Apex Court noted that it is hard to monetize the domestic work done by a housewife/mother and such services rendered by them must be necessarily kept in view while calculating the loss of dependency.
The High Court also noted that in matter of assessing the income of a home maker, the law which is to be followed is stated in Lata Wadhwa and Others v. State of Bihar and others (2001) 8 SCC 197, whereby the law is equally settled that there cannot be any deduction from the assessed income of a house wife dying in a motor accident.
Further, in National Insurance Co. Ltd. Vs. Pranay Shethi & Ors., the Supreme Court has fixed compensation in case of death reasonable figures on conventional heads namely- Loss of estate, Loss of consortium and Funeral expenses should be Rs. 15,000/-, Rs. 40,000/- and Rs. 15,000/- respectively.
Accordingly, the High Court modified the compensation amount from 4,25,000/- to Rs. 9,70,000/- and the appeal was disposed of.
Case Name : Sri Mrinal Kanti Debnath and 6 Ors v. M/S United India Insurance Co. Ltd and 2 Ors.
Citation: 2022 LiveLaw (Gau) 16
Case No. : MACApp. 31/3017
Date : 19.01.2022
Judge : Justice Malasri Nandi
