Death of homemaker in motor accident: Karnataka HC enhances compensation by ₹43 lakh

The Karnataka High Court has substantially enhanced the compensation payable to a 22-year-old man whose mother died in a 2015 road accident, relying on the Supreme Court's June 11 ruling that recognised the economic value of homemakers' unpaid domestic labour [Arun v Ravi].

On applying the Supreme Court's ruling, Justice Geetha KB enhanced the compensation payable for the homemaker's death by ₹43 lakhs.

The judge noted that in Shishupal @ Shish Ram & Others v. Surjeet & Others, the Supreme Court had fixed the notional monthly income of a homemaker at ₹30,000 for computing compensation in motor accident claims.

The top court had held that compensation for the death of a homemaker should include an amount under the head of "loss of domestic care".

Finding that the Motor Accident Claims Tribunal (MACT) had omitted this component, the High Court recalculated the compensation to include this aspect.

"The deceased left behind her minor son as the sole dependent. She was a homemaker and was looking after the claimant in all respects. The deceased was the only person to look after the minor child aged about 13 years. Therefore, the compensation under the head ‘loss of domestic care’ is to be awarded," the High Court said.

The claimant's mother had met with a road traffic accident in July 2015 and succumbed to her injuries while in treatment. The claimant was 13 years old at the time.

In 2021, the MACT awarded an amount of ₹18,71,517 to the claimant as compensation for his mother's demise.

The claimant challenged this ruling before the High Court, seeking an enhancement in the compensation amount.

Among other arguments, the claimant's counsel contended that the deceased was a homemaker who was solely responsible for looking after her minor son. Therefore, her notional income ought to be fixed at ₹30,000 per month in light of the Supreme Court's decision in Shishupal @ Shish Ram v. Surjeet.

The insurer countered that the deceased was engaged in weaving work and was not merely a homemaker. Therefore, her income should be assessed according to the Karnataka State Legal Services Authority (KSLSA) notional income chart, rather than at ₹30,000 per month.

The Court found merit in the claimant's stance. By its July 7 order, the Court found that ₹53,76,000 should be awarded as compensation under the head 'loss of domestic care', in recognition of the deceased woman's services as a homemaker. Earlier, the MACT had only given ₹10.7 lakhs, albeit under the head 'loss of dependency.'

The High Court also enhanced the amounts payable under certain other heads, including loss of estate and funeral expenses.

In total, the compensation payable was enhanced to ₹61,97,017, thereby granting the claimant an additional ₹43,25,500 over and above the tribunal's award.

On these terms, the High Court partly allowed the appeal.

Advocate Harish S Maigur appeared for the claimant.

Advocate NR Kuppelur appeared for the United India Insurance Company Limited.

[Read Order]