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by Admin
07 May 2024 2:49 AM
In a significant judgment delivered on September 27, 2023, by The Hon’ble Justice Ajay Kumar Gupta, the Calcutta High Court acknowledged the invaluable contribution of housewives while awarding compensation in a motor accident claim case. The case, FMAT (MV) 59 Of 2022, involved Pratima Sahoo, who sought enhancement of compensation for severe injuries sustained in a motor accident caused by rash and negligent driving.
The judgment delved into the assessment of compensation, particularly the appellant’s income, which was a point of dispute. The Motor Accident Claims Tribunal had assessed her income as a housewife at Rs. 3000/- per month. However, the appellant claimed her income to be Rs. 4000/- per month, which the court accepted.
Justice Gupta’s observation highlighted the unique nature of a housewife’s role: “A housewife’s job requires more contribution than a normal job or service of an earning person. She maintains her husband, children, parents, and other family members for the entire day by way of caring for them, cleaning, cooking food, and many others, as a result, her income cannot be equated with earnings of a normal person.”
The court also cited the Supreme Court’s precedent in Arun Kumar Agarwal Vs. National Insurance Co. Ltd., which confirmed the income of a housewife as Rs. 5,000/- per month, emphasizing the immeasurable value of their services.
Regarding the compensation, the court determined enhanced compensation for pain, suffering, and future prospects. The appellant was awarded an additional sum of Rs. 2,14,000/- along with 6% per annum interest from the date of the claim application, bringing justice to her plight.
This judgment not only rectifies the assessment of compensation but also underscores the significant role played by housewives in our society, recognizing their efforts as immeasurable and invaluable.
Date of Decision: 27.09.2023
Pratima Sahoo Versus Cholamandalam MS General Insurance Co. Ltd. & Anr.
