Punjab & Haryana HC Emphasizes Inclusion Of Homemaker Wife's Contribution In Husband's Motor Vehicle Accident Compensation Assessment
|In enhancing the compensation and the interest rate awarded to the widow in the case of her late husband's accident, the Punjab & Haryana High Court emphasized the invaluable contribution of homemakers and underscored the need for their profound recognition. The appeal was filed by the claimant seeking an enhancement of the compensation awarded by the Motor Accidents Claims Tribunal (MACT) in the case of her deceased husband. The appeal arose from a motor vehicular accident that occurred on January 10, 2005, when his truck was hit by a canter on the Dhand to Karnal Road. He tragically died in the accident, allegedly due to the canter's rash and negligent driving.
A Bench of Justice Sanjay Vashisth observed that “Thus, in the interest of justice, this Court is of the view that deduction for personal expenses in the present case should be 1/3rd of the income of the deceased and sole claimant – widow should be entitled to the remaining 2/3rd of the income of the deceased.”
In the initial claim petition, the petitioner sought compensation of Rs. 20,00,000/- for her husband's death. However, the MACT, after considering various factors, awarded her Rs. 3,79,000/-, including deductions for personal expenses and other expenses.
Advocate Bhisham K. Majoka appeared for the Appellant and Advocate R.C. Kapoor appeared for the Respondents.
The appellant argued that the MACT made errors in assessing the deceased's monthly income, failed to account for future prospects, and applied an excessive deduction for personal expenses. The appellant also claimed that no compensation was awarded for the loss of estate.
The respondent, representing the insurance company, contended that the MACT's assessment of the deceased's monthly salary was correct and that there was no need to change the compensation awarded.
The Court noted that the deceased's income should have been determined based on the prevailing DC rates at the time of the accident, which were Rs. 5,812.75/- per month. Regarding the deduction for personal expenses, the Court decided to apply a deduction of 1/3rd of the income, as the appellant was a widow and the sole dependent. This decision was made by the Court in interest of justice considering the significant responsibilities the widow now bears as a homemaker.
“A homemaker shoulders a myriad of responsibilities that encompass a diverse range of tasks. From managing household chores to nurturing relationships and maintaining a harmonious living environment, their role is ceaseless and demanding. Operating tirelessly around the clock, a homemaker's dedication is undeniable. The contribution of a homemaker to the intricate fabric of daily life is immeasurable and deserves profound acknowledgment.”
The Court calculated the compensation based on these adjustments, following established legal principles, and arrived at a total compensation amount of Rs. 8,44,508/- along with interest at 7.5% per annum from the date of filing the claim petition until the payment of the compensation. It was suggested that any previously paid amounts will be adjusted from this total compensation.
The appeal was partly allowed with the specified modifications to the compensation award.
Cause Title: Daya v. Arjun & Ors., 2023:PHHC:107450
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