In a significant ruling that acknowledges the economic value of domestic work, the Karnataka High Court has substantially increased the compensation awarded to a Bengaluru homemaker who was severely injured in a road accident seven years ago.
Court Recognises Economic Value of Homemaking
The bench of Justice K Manmadha Rao enhanced the total compensation payable to Hema Kulkarni, a resident of JP Nagar, to Rs 10 lakh with 6% annual interest. The court explicitly observed that the multitude of services performed by homemakers in managing households carry significant economic value, which must be factored into compensation calculations. This principle aligns with established Supreme Court guidelines.
Details of the Accident and Legal Battle
The incident dates back to February 2017, when Hema Kulkarni was walking on a road and was hit by a motorcycle. She suffered a traumatic brain injury and other grievous injuries, leading to her hospitalisation at Apollo Hospital for 11 days. Her treatment included surgery and other medical procedures, followed by a doctor's advice for six months of complete rest.
Initially, a Motor Accident Claims Tribunal (MACT) had, in January 2019, awarded her a sum of Rs 6.9 lakh along with 6% interest. Dissatisfied with this amount, Kulkarni approached the High Court, arguing that the compensation was inadequate given the severe nature of her injuries, the required surgery, and the prolonged recovery period.
Insurance Liability and the Final Order
The insurer involved, New India Assurance Company Ltd, contested liability. The company argued it could not be held responsible as the motorcycle rider did not possess a valid driving licence at the time of the accident. The High Court upheld the tribunal's finding on this point.
However, invoking Section 149 of the Motor Vehicles Act and following the Supreme Court's precedent in the Pappu case, Justice Rao issued a pay-and-recovery order. This directive compels the insurance company to first pay the enhanced compensation to the claimant and subsequently recover the amount from the vehicle's owner.
While partially allowing the appeal, the court concluded that the complicated medical treatment and surgery undergone by Kulkarni warranted an enhancement of the compensation amount. The final ruling stands as a reinforcement of the rights of accident victims, particularly homemakers, to receive fair compensation that reflects the full impact of their injuries and loss of contribution to the household.
