oppn parties Death Of Housewife By Road Accident Is "Loss Of Future Prospects"

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Delhi Lt Governor Vinai Kumar Saxena says government cannot be run from jail, hints at President's Rule in the capital ////// In a dangerous incident, the wings of two planes grazed while taxiing on the runway at Kolkata airport, all passengers were safe but DGCA ordered an inquiry and the pilots were derostered
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Death Of Housewife By Road Accident Is "Loss Of Future Prospects"

By Sunil Garodia
First publised on 2020-12-15 02:07:50

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator.

What is "loss of future prospects" when calculating claims for motor accidents? The narrow meaning is known to most, but in a landmark order, the Motor Accident Claims Tribunal (MACT) has ordered the Maharashtra State Road Transport Corporation (MSRTC) to pay close to Rs 17 lakh to the family of a 33-year-old woman who was killed when their bike was rammed by a MSRTC bus in 2014.

Saying that a housewife's invaluable contribution in running the family cannot be ignored and that the family has suffered "loss of future prospects" due to her untimely death, the MACT fixed her notional salary at Rs 5000 and allowed future increase by as much as 40 percent to arrive at the compensation figure.

Such a decision was long overdue. The Supreme Court has been increasingly recognizing the role of the housewife. In Arun Kumar Agarwal versus National Insurance Company Ltd.(2010), the court laid down the logic in detail. The court said "In India the courts have recognized that the contribution made by   the   wife   to   the   house   is invaluable   and   cannot   be   computed   in   terms   of money. The gratuitous services rendered by the wife with true love and affection to the children and her husband   and   managing   the   household   affairs cannot be equated with the services rendered by others. A wife/mother does not work by the clock. She   is   in   the   constant   attendance   of   the   family throughout   the   day   and   night   unless   she   is employed and is required to attend the employer's work for particular hours. She takes care of all the requirements   of   the   husband   and   children including cooking of food, washing of clothes, etc. She teaches small children and provides invaluable guidance   to   them   for   their   future   life. A housekeeper or maidservant can do the household work, such as cooking food, washing clothes and utensils, keeping the house clean, etc., but she can never be a substitute for a   wife/mother   who renders   selfless   service   to   her   husband   and children. It is not possible to quantify any amount in lieu of the services rendered by the wife/mother to the family i.e. the husband and children. However, for the   purpose   of   award   of   compensation   to   the dependents, 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 dependents 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."

When a housewife dies in an accident, the opposite party cannot deny compensation by taking a plea that she was just a housewife and contributed nothing to the family. A housewife's contribution is invaluable. However, for the purpose of compensation, a notional figure has to be arrived at. Further, MACT has now rightly ordered that the untimely death of a housewife results in loss of future prospects for the family.