The Calcutta High Court on June 9 underscored the invaluable contribution of a housewife to her household while increasing compensation payable to the minor daughter of a woman killed in a road accident. The court raised the award from Rs 9,17,000 to Rs 11 lakh, with 6% interest per annum.
Court's Observations on Housewife's Contribution
Justice Biswaroop Chowdhury noted that although there is no blanket formula to determine the notional income of a housewife, the loss suffered by family members upon her death cannot be fully compensated by monetary means. Thus, the compensation should be 'just and reasonable.'
Citing a 2010 Supreme Court case, Justice Chowdhury remarked: 'For the purpose of award of compensation to the dependants, some pecuniary estimate has to be made of the services of the housewife/mother. In that context, the term 'services' is required to be given a broad meaning and must be construed by taking into account the loss of personal care and attention given by the deceased to her children as a mother and to her husband as a wife. They are entitled to adequate compensation in lieu of the loss of gratuitous services rendered by the deceased. The amount payable to the dependants cannot be diminished on the ground that some close relation like a grandmother may volunteer to render some of the services to the family which the deceased was giving earlier.'
Details of the Accident
The case involves a couple and their two daughters traveling from Kolkata to their Midnapore residence in April 2022. Their car collided with another vehicle illegally parked on the highway. Only the younger daughter survived, sustaining knee injuries, while her parents died at the scene and her sister succumbed at a hospital.
The fast track court initially awarded the minor girl Rs 9,17,000 for her mother's death and Rs 2,10,79,100 for her father's death. The insurance company challenged the compensation amount, while the deceased's family argued that the notional monthly income should have been Rs 10,000 instead of Rs 5,000.
The family's plea stated: 'The deceased did not work by the clock; she was in constant attendance of the family throughout the day and night. She took care of all the requirements of her husband and children, taught her daughters, and provided invaluable guidance for their future. She cared for her two daughters as a mother, her husband as a wife, and her parents-in-law as a daughter-in-law. The deceased was healthy and had good future prospects.'
