Court Recognizes Multifaceted Role of Homemakers, Awards Rs. 1.18 Crore in Compensation
In a landmark judgment, the Punjab and Haryana High Court, presided over by Justice Sudeepti Sharma, has significantly enhanced the compensation awarded in the motor accident case involving Shilpa Jain, who tragically passed away following the incident. The original compensation of Rs. 58.22 lakh, awarded by the Motor Accident Claims Tribunal, Sirsa, has been increased to Rs. 1.18 crore.
The case revolved around the assessment of compensation for Shilpa Jain, a homemaker who sustained severe injuries in a vehicular accident on October 8, 2014, leading to her eventual demise in November 2017. The High Court's decision acknowledged the invaluable contributions of homemakers, emphasizing that their roles encompass household management, childcare, and emotional support, which warrant monetary recognition in compensation assessments.
The Court assessed the notional income of the deceased homemaker at Rs. 15,000 per month, reflecting the economic value of her contributions. Additionally, the Court awarded enhanced compensation under various heads, including Rs. 15 lakh for pain and suffering, Rs. 8 lakh for attendant charges, and Rs. 30 lakh for future medical expenses, despite the claimant's passing.
Justice Sharma's judgment also addressed the principle of "just compensation" under the Motor Vehicles Act, 1988, affirming that compensation should be fair, reasonable, and forward-looking. The Court applied a liberal approach, considering intangible losses such as pain, suffering, and loss of dignity due to severe disability or vegetative state.
The decision has been lauded for its progressive stance on recognizing the multifaceted roles of homemakers, setting a precedent for future compensation claims involving non-working spouses. The enhanced compensation is to be paid by the respondent, Bajaj Allianz General Insurance Company Ltd., within two months, with an interest rate of 9% per annum from the date of the claim petition until realization.
Bottom Line:
Motor Accident Claims - Enhancement of compensation - Assessment of notional income of a deceased homemaker - Compensation for pain and suffering, loss of amenities, and attendant charges can be awarded considering the nature of injuries and the extent of disability.
Statutory provision(s): Motor Vehicles Act, 1988 Sections 166, 168
Shilpa Jain (Since Deceased) v. Inderjeet Jain, (Punjab And Haryana) : Law Finder Doc Id # 2841218
