Contribution of a housewife cannot be computed in money: Gauhati High Court

Formula endorsed for payment of compensation for accidental death

STAFF REPORTER

GUWAHATI: In a significant judgment, the Gauhati High Court has cited past judgments of the Supreme Court and laid down an updated formula for calculating payment of compensation for the accidental death of a housewife.

The judgment came in connection with an appeal filed by the husband and daughters of a 40-year-old woman, Swapna Rani Debnath, who died in a vehicular accident in December, 2013 in the Hojai district. The petitioners challenged as inadequate a monetary compensation of Rs 4,25,000 which was awarded by a Motor Accident Claims Tribunal (MACT).

The court noted that the tribunal had assessed the amount of compensation as: Rs 25,000 for funeral expenses; Rs 1,00,000 for loss of estate; Rs 1,00,000 for loss of consortium; and Rs 2,00,000 for loss of love & affection.

Referring to previous Supreme Court judgments, the High Court noted: "… The Hon'ble Supreme Court held that the matter of compensation wherein the deceased was a housewife, even assuming was not self-employed doing embroidery and tailoring work, the fact remains that she was a housewife and a home maker. It is hard to monetize the domestic work done by a housewife/mother. The service of the mother/wife is available 24 hours and her duties are never fixed. Courts have recognized the contribution made by the wife to the house is invaluable and that it cannot be computed in terms of money… in the year 1981, the Hon'ble Supreme Court evaluated the contribution of a housewife at Rs 3,000 per month. In the present case, the accident took place on 13.12.2013 i.e. after 32 years. In my considered opinion to tag a housewife as a 'skilled worker' alone does not do complete justice to her multifarious role as a home manager… my conclusion that a housewife was more than a mere skilled worker and it would not be unreasonable to estimate the contribution of the deceased in the present case at a higher figure amounting to Rs 5,000 without deduction."

The court further observed: "… The Hon'ble Supreme Court has fixed compensation in case of death reasonable figures on conventional heads namely - Loss of estate, Loss of consortium and Funeral expenses should be Rs 15,000, Rs 40,000 and Rs 15,000 respectively.

"So, in view of the aforesaid discussion, in the instant case, the computation of compensation is awarded as follows: Annual income of the deceased Rs 5,000x12 = Rs 60,000; After multiplied with multiplier, amount comes to Rs.60,000x15 = Rs 9,00,000; Funeral expenses = Rs 15,000; Loss of consortium = Rs 40,000; Loss of estate = Rs 15,000; Total = Rs 9,70,000."

The court also stipulated the ratio of division of compensation among the next of kin of the deceased woman. Since her two daughters were minors at the time of her demise, 80% of the compensation will be divided between them and the balance 20% of the compensation will go to her husband if he is not remarried. In case the husband is remarried, then the two daughters will get 100 per cent of the compensation amount.

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