Housewife’s road death ‘loss of future prospects’, kin to get ₹17L

Housewife’s road death ‘loss of future prospects’, kin to get ₹17L

Rebecca.Samervel@timesgroup.com

Mumbai:  13.12.2020

Ruling that compensation for “loss of future prospects” can also be granted in the case of a housewife’s death, a Motor Accident Claims Tribunal (MACT) last week ordered the Maharashtra State Road Transport Corporation (MSRTC) to pay around Rs 17 lakh to the husband and two minor children of a 33-year-old woman who was killed after a bus rammed into their bike at Mankhurd in 2014. “Loss of future prospects” is among the heads covered while awarding compensations in motor accident cases.

The tribunal fixed the deceased housewife’s notional salary at Rs 5,000 per month. A possible future increase in this notional monthly income was pegged at 40%, bringing the loss of future prospects to Rs 7,000 per month.

The tribunal cited a recent Supreme Court judgment and said, “The housewife who contributes for the welfare of the family and upbringing for the children must be given future prospects in as much as with the passage of time, the utility of her services increases in the family.” It stated that a housewife’s services to the family are invaluable. “The housewife renders very important duty. She looks after her husband and children passionately round the clock and creates the comfort zone in the house. In the absence of her in a house for a single day realises her importance (sic) to the other family members,” the tribunal said.

The tribunal refuted the defence that only when the housewife renders skilled services to the family does the question of future prospects come. It said that judgement does not make any distinction between a skilled and unskilled housewife. “In fact housewife is a housewife and with the passage of time her skill in tackling and handling household affairs increases,” the tribunal said, quoting the Supreme Court judgement.

While the victim’s husband and older son will each receive 30% of the compensation amount, the younger son will receive the remaining 40%.It however rejected Archana’s parentsin-law as claimants.

The motor claims tribunal fixed the housewife’s notional salary at Rs 5,000 per month. A future increase in this income was pegged at 40%, bringing the loss of future prospects to Rs 7,000 per month