Chandigarh Tribunal: Homemaker's Service Beyond Maid's Role, Awards Rs 39.6 Lakh in Compensation

The Motor Accident Claims Tribunal (MACT) in Chandigarh has awarded Rs 39.61 lakh as compensation to the family of a 37-year-old homemaker who died in a road accident in Himachal Pradesh in July 2023. The tribunal observed that while household services can be performed by a maid, equating a wife's services to those of a maid would be unfair, as a wife dedicates herself to her family 24 hours a day, seven days a week.

Presiding Officer Dr Harpreet Kaur passed the award on a claim petition filed by Ranbir Singh and his two minor daughters, seeking compensation for the death of Anita Devi. The accident occurred when a Mahindra pick-up van, allegedly driven at high speed and negligently, plunged into the Satluj river near Jani village in Kinnaur district on July 26, 2023. Anita Devi sustained grievous head injuries and died.

The claimants sought Rs 50 lakh, arguing that although she was a homemaker, she rendered valuable household services and her contribution should not be assessed at less than Rs 15,000 per month. The insurance company, Reliance General Insurance Company Limited, contested the petition, raising objections regarding negligence, the validity of the driver's licence, and alleged violation of policy conditions.

Relying on the testimony of Raj Kumari, an occupant of the vehicle and the complainant in the FIR, the tribunal concluded that the accident was due to rash and negligent driving. It noted that the insurer failed to provide evidence to substantiate its stand. Referring to precedents from the Punjab and Haryana High Court, the tribunal held that a homemaker's contribution cannot be equated with that of a domestic worker, and the claimants are entitled to adequate compensation for the loss of gratuitous services.

The tribunal assessed Anita Devi's notional income at Rs 15,000 per month and added 40 per cent towards future prospects. It rejected the insurer's objection about the driving licence, noting that the vehicle was a light motor vehicle and the driver held a valid licence. The total compensation of Rs 39,61,500 includes Rs 15.61 lakh for the husband and Rs 12 lakh each for the two daughters, with interest at 9 per cent per annum from the date of filing the petition.