“Role of a woman as a housewife in family is most challenging & important role” HC awards compensation to deceased woman’s family [Read Judgment]

Bombay high court in the case titled Rambhau s/o Awadut Gawai and others Vs. Shivlal s/o Shalikram Belsare(dead) through LRs Ratu Shivlal Belsare and others allowed the compensation of Rs. 8,22,000 with 6% p.a. interest after the court evaluated the deceased woman’s salary as a housewife and stated that the wife is pillar support for her husband, a guiding light for her child/children, and harbor for the family’s elderly. She works round-the-clock without a single day off, no matter whether she is working or not.” And further stated how a housewife’s work is left unacknowledged and unappreciated

Facts

 On 31 March 2005, the deceased woman was travelling in the vehicle of respondent no.1 when the driver while driving at a high speed dashed the car into a tree which caused severe injuries and subsequent death of the deceased woman. The husband and two sons of the deceased filed a claim petition under section 166 of the motor vehicle act. Respondent no.1 the owner of the vehicle failed to file a statement in the tribunal while respondent no.2 the insurance company resisted the claim on basis of breach of the condition of the policy. However, the tribunal rejected the claims petition on the grounds that the husband was an earning members of the family and the sons were majors, which resulted in the subsequent appeal in the high court.

High Court’s Decisions

The single-judge bench of justice Anil S. Kilor assailed the tribunal’s judgement while pointing out that “the claim for grant of compensation on the ground of household work of the deceased was not considered and rejected by the tribunal.” The court further emphasized on the loss of personal care and attention of the deceased as a mother as another factor that couldn’t be overlooked. The court regarded the fact that a housewife’s work is not only equal but more than that of just a regular job.

The court stated “emotionally she holds the family together. She is pillar support for her husband, a guiding light for her child/children, and harbor for the family’s elderly. She works round-the-clock without a single day off, no matter whether she is working or not.” And further stated how a housewife’s work is left unacknowledged and unappreciated.

 The court relied on the Supreme Court judgment Arun Kumar Agrawal and another Vs. National insurance company limited and others where the Supreme Court also considered the importance of the role of a housewife in a family. The court fixed the deceased woman’s income at Rs.6000/- per month and after taking into consideration the labor work she used to do and her contributions in the maintenance of her home and family. After computing other factors and applying the rule of the multiplier as per the motor vehicles act, 1988, and compensations on other heads, the court decided that the appellants were entitled to compensation of Rs. 8,22,000 with 6% p.a. interest.

The court directed the respondent, the insurance company to pay the amount of compensation with the liberty to recover the amount from respondent no.1, the legal heirs of the owner of the vehicle, on the ground of breach of the condition of the insurance policy.

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