MV Act | House Wife's Contribution Invaluable, Her Service Can't Be Taken As Minimum Tier Earning Of Unskilled Worker: Punjab & Haryana HC

The Punjab and Haryana High Court has said that house wife's value of service while calculating the compensation for Motor Vehicle Accident claim cannot be taken as minimum tier of earnings as that of unskilled worker.

The Court highlighted that a housewife performs "numerous duties" while nurturing her home and taking care of husband and children, the value of her services, in any case, cannot be taken at the minimum tier of earnings as that of unskilled worker.

Justice Archana Puri said,

"It is necessary to keep in mind 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, in any manner, cannot be equated with the services rendered by others."

However, pecuniary estimate has to be made, with regard to the services of the housewife/mother. In this context, it is held by the Courts that the term “services” is required to be given a broad meaning and must be construed, while 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, it added.

The Court was hearing batch of pleas for enhancement of compensation awarded by the Motor Accident Claims Tribunal, on account of death of a family including a house-wife.

Qua death of Memuna, while considering her to be housewife, the Tribunal had taken the earnings of deceased as Rs.4500 per month (minimum wages of unskilled labourer is Rs.4847) and after deduction of personal expenses, the compensation awarded was Rs.6,37,000.

After hearing the submissions, the Court observed that while exact data may not exist to calculate compensation for homemakers, courts have consistently recognized the wide range of valuable services they provide in managing the household. Therefore, their contributions must be assessed, and appropriate compensation determined based on those services, it added.

It further noted that the claim for enhancement of compensation was filed by her husband Hakam and five children.

Justice Puri said that number of children, ought to be taken into consideration and consequently, the numerous duties performed by the deceased, while nurturing her home and taking care of husband and children, the value of her services, in any case, cannot be taken at the minimum tier of earnings as that of unskilled worker.

The bench said that the minimum wages of unskilled labourer was Rs.4847, however, considering the number of children, in modest estimate, the earnings of deceased Memuna are taken as Rs.5000 per month.

Considering age of deceased to be 27 years, the Court said that the addition of 40%, ought to be made, on the count of 'future prospects'. Thus, addition of Rs.2000 is to be made and after making such addition, the earnings of the deceased, comes to be Rs.7000 per month.

Applying the multiplier method the Court said that the the loss of dependency works out to be Rs.10,71,000.

Mr.Arjun Attri, Advocate for the appellants.

Mr.Vinod Kumar, Advocate for Mr.Rajesh Lamba, Advocate for respondent No.2.

Mr.Digvijay, Advocate for Mr.Ashish Gupta, Advocate for respondent No.3

Mr.Pradeep Kumar, Advocate for respondent No.4.

Title: Rabina v. Arshad and others

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