In a recent case, Motor Accident Claims Tribunal (MACT) Mumbai has ruled that the compensation of the ‘loss of future prospects’ can be granted for the death of a housewife, as the housewives play a vital role in a household.
This order was passed in an accident claim petition filed by the children and husband of a who had died in an accident in 2014.
Reliance was placed on the judgement passed by the Supreme Court in Rajendra Singh & Ors vs National Insurance Company Ltd & Ors.
In the case mentioned above, the Apex Court had held that a housewife contributes to the welfare of the family and also helps in raising the children of the family; therefore, she must be given future prospects as with the passage of time, the utility of her services increases in the family.
As per the MACT, the judgement rendered in Rajendra Singh & Ors vs National Insurance Company Ltd & Ors did not make a distinction between an unskilled and skilled wife.
The Court also rejected the argument that there was nothing on record to indicate that the deceased housewife was skilled to assume the loss of future prospects and held that a housewife discharges many essential duties and without her a complete house was impossible.
MACT proceeded to fix the housewife’s notional income at Rs. Five thousand per month, and after applying relevant multipliers, the MACT fixed the compensation as Rs. 10,61,064, along with an interest of eight per cent per annum.
As per the judgement, the younger son of the deceased will receive 40 per cent of the compensation amount, whereas the older son and the husband will receive 30 per cent each.
However, the claim made by the parents-in-law of the deceased was rejected by the Court.
Title: Pravin Jagannath Bhalerao & Ors vs Maharashtra State Road Transport Corporation, Mumbai Central, Mumbai
Case No.: APPLICATION NO.517 OF 2014
Date of Order:07.12.2020
Coram: Presiding Officer S.B Hedaoo