The Madras High Court noted that homemakers can never be compared with an employee or employment and they stand on a higher pedestal than that of the earning member in a family since their loss is immeasurable
Chennai: Observing that homemakers can never be compared with an employee or employment and they stand on a higher pedestal than that of the earning member in a family since their loss is immeasurable, the Madras High Court enhanced the motor accident compensation awarded to a homemaker who was rendered permanently disabled from Rs 8.46 lakh to Rs 14.07 lakh.
“Homemakers are working from early morning till late at night and one can experience the hard work being done by them at homes. The responsibility, performance of job with dedication love and affection, involvement regarding the future welfare of the family as well as caring for all members of the family can never be undermined and it is to be given due weightage in such cases, where the claimants are homemakers,” Justice SM Subramaniam held while faulting the accidents claims tribunal, Salem, for fixing Rs 4,500 per month towards income for a homemaker as ‘undoubtedly without any basis’.
As per the case, on February 21, 2017, the claimant Bhavaneswari was at the Periyaveeranam bus stand to proceed to Salem when she was hit by a private bus. She sustained grievous injuries on her spinal cord and sustained fractures. Ultimately, she was rendered permanently disabled and is continuously taking treatment. But the tribunal awarded her a compensation of Rs 4.86 lakh only by fixing the notional income at Rs 4,500 per month as she had failed to provide proof of employment. This was challenged at the High Court.
Allowing the appeal, Justice Subramaniam on modifying the compensation to Rs 14.07 lakh by enhancing the loss towards income as Rs 9,000 per month and also increasing the amount under “paid and sufferings”, said, “In motor accident cases, the tribunals are bound to consider the requirements of fairness. Fairness in granting compensation is of paramount importance. While assessing contributions of the homemakers to the family, there should be no bias and their importance has to be realised.
“If any one of the earning members died in the family, there will be an impact. But if the homemaker died, then the impact will be immeasurable and the family will become scattered. It will become very difficult to cope. Therefore, they are standing on a higher pedestal than that of the earning member in a family. Thus, mitigating factors, family status, income of the husband and other aspects are to be considered while fixing the compensation for homemakers,” he added, while directing the insurance company to deposit the modified compensation amount of Rs 14.07 lakh along with interest at the rate of 7.5% per annum, within 12 weeks.
“Homemakers are working from early morning till late at night and one can experience the hard work being done by them at homes. The responsibility, performance of job with dedication love and affection, involvement regarding the future welfare of the family as well as caring for all members of the family can never be undermined and it is to be given due weightage in such cases, where the claimants are homemakers,” Justice SM Subramaniam held while faulting the accidents claims tribunal, Salem, for fixing Rs 4,500 per month towards income for a homemaker as ‘undoubtedly without any basis’.
As per the case, on February 21, 2017, the claimant Bhavaneswari was at the Periyaveeranam bus stand to proceed to Salem when she was hit by a private bus. She sustained grievous injuries on her spinal cord and sustained fractures. Ultimately, she was rendered permanently disabled and is continuously taking treatment. But the tribunal awarded her a compensation of Rs 4.86 lakh only by fixing the notional income at Rs 4,500 per month as she had failed to provide proof of employment. This was challenged at the High Court.
Allowing the appeal, Justice Subramaniam on modifying the compensation to Rs 14.07 lakh by enhancing the loss towards income as Rs 9,000 per month and also increasing the amount under “paid and sufferings”, said, “In motor accident cases, the tribunals are bound to consider the requirements of fairness. Fairness in granting compensation is of paramount importance. While assessing contributions of the homemakers to the family, there should be no bias and their importance has to be realised.
“If any one of the earning members died in the family, there will be an impact. But if the homemaker died, then the impact will be immeasurable and the family will become scattered. It will become very difficult to cope. Therefore, they are standing on a higher pedestal than that of the earning member in a family. Thus, mitigating factors, family status, income of the husband and other aspects are to be considered while fixing the compensation for homemakers,” he added, while directing the insurance company to deposit the modified compensation amount of Rs 14.07 lakh along with interest at the rate of 7.5% per annum, within 12 weeks.