The role of a housewife in the family is most important & challenging, but least appreciated, the Nagpur bench of the Bombay High Court observed last week reiterating that family members are entitled to compensation on account of death of a homemaker.
A housewife holds a family together, as a pillar of support for her husband, a guiding force for her children & a caretaker for senior citizens in a household, said Justice Anil Kilor.
The Judge added that a homemaker works round-the-clock, without a day off, but her work goes unacknowledged & isn't considered as an occupation because it doesn’t fetch a monthly income.
The Court made the observation following a plea filed by Rambhau Gavai, a resident of Amravati in Maharashtra, & his 2 sons. They moved High Court to challenge a previous order of the Motor Accident Claims Tribunal at Achalpur in Amravati district.
The MACT had issued an order on Feb 3, 2007, which had rejected the claim for compensation on account of the death of Gavai’s wife, Babybai, in a road accident.
The accident had occurred in March 2005 when Babybai’s vehicle had rammed into a tree at a high speed. Babybai had succumbed to her severe injuries.
The tribunal had dismissed the claim of her husband & the sons primarily on the ground that the deceased was a housewife & not an earning member of the family.
However, the High Court reversed the tribunal’s order, as it was contrary to settled legal principles.
Justice Kilor said it is impossible to count the services rendered by a homemaker & her contributions to the family in monetary terms.
The judge referred to a 2001 judgment of the Apex Court, which had clearly laid down, the loss to husband & children following the death of a housewife or mother has to be computed by estimating the loss of personal care & attention given by the deceased.
The Judge also cited the loss of gratuitous & the multifarious services rendered by a housewife for managing a family.
High Court fixed the income of Babybai at Rs 3,000 as a housewife & an additional Rs 3,000 for doubling up as a labourer, & held that her husband & sons were entitled to Rs 8.22 lakh towards compensation for her accidental death.
High Court held that since the driver of the vehicle was holding a valid driving licence at the time of the accident, the car’s insurer was not liable to pay any compensation.
However, the Court ordered the insurance company to pay the compensation to the father & the 2 sons within 3 months & granted it liberty to recover the amount from the vehicle’s owner.
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