LI Network
Published on: 10 September 2023 at 15:30 IST
The Himachal Pradesh High Court has ruled that while gratuitous services provided by women in managing households and families cannot be equated with monetary value, they should be taken into account when determining compensation claims under the Motor Vehicles Act.
Justice Virender Singh emphasized that women perform various essential activities within households, and in the event of their untimely death due to a motor vehicle accident, their families should be entitled to compensation.
The judgment was delivered in response to an appeal concerning a motor vehicle accident that occurred on June 16, 2007, in Vijaypur. Tripta Devi, a homemaker, tragically lost her life in the accident.
In light of this, her husband filed a petition under Section 163-A of the Motor Vehicles Act, seeking compensation for her untimely demise.
The Tribunal partially granted the petition, awarding compensation of Rs. 15,000/- with interest at the rate of 6% per annum. Dissatisfied with this award, the petitioner filed an appeal, arguing that the Tribunal had misinterpreted the law and had not considered the deceased’s income when determining compensation.
On the other hand, the respondent, represented by Mr. S.D. Gill, contested the claim, asserting that the deceased did not earn any income. They also raised objections regarding the validity of the claim.
Highlighting the crucial roles women play in managing households, the bench cited the “Lata Wadhwa & Others versus State of Bihar & Others” case, which recognized that housewives actively contribute to household and family management.
The court reiterated that women undertake a variety of responsibilities within households, and even homemakers are entitled to compensation, as per the Supreme Court’s stance.
In this specific case, the High Court noted that the deceased wife had an estimated annual contribution of Rs. 24,000 to the family, accounting for her personal expenses.
The Court applied a multiplier of 13, following the 2nd schedule of the Motor Vehicles Act, to calculate the compensation amount.
As a result, the appeal was allowed, and the Tribunal’s award was modified. The compensation amount was increased from Rs. 15,000 to Rs. 3,21,500, along with interest at 6% per annum from the date of the petition’s filing until the complete amount was realized.