"Wife's role at home not trivial": Kerala High Court says KSRTC’s stand to deny accident compensation to housewife outrageous

The Kerala High Court recently came down upon the Kerala State Road Transport Corporation (KSRTC) for denying compensation to an accident victim on the ground that she is a housewife and does not earn any income [Kalukutty v PM John and Anr.]..Justice Devan Ramachandran said that such a stand by the transport body was "outrageous" and underscored that accident compensation should be same for a housewife and a working woman as the former also invests her time for the family and ensures that the next generation is fostered with the highest levels of excellence.“In such perspective, the monetary compensation for an injury caused to a housewife will have to be measured and weighed on the same scales, as it would been, had she been a working woman – if not more,” the Court saidThe single-judge underscored that the life of human beings can never be tested on the scales of their monetary worth but by their contribution and selflessness.Specifically on the role of a housewife, the judge said that her contributions as a mother and wife is invaluable. “At the outset, I must say that the contentions of the KSRTC, that a housewife earns no income and therefore, not eligible for compensation for disability and loss of amenities, is outrageous and beyond comprehension. The role of a mother and wife at home is beyond compare, and she is a true nation builder. She invests her time for the family and ensures that the next generation is fostered with the highest levels of excellence; and her efforts can never be taken trivially or brushed aside, as being without monetary value. The lives of human beings are never tested on the scales of their monetary worth, but by their contribution and selflessness,” the Court said..The Court was hearing an appeal moved by a housewife challenging the order of the Motor Vehicle Accidents Claims Tribunal (MACT) that awarded her only ₹40,214 as compensation for the grievous injuries she sustained on account of a rash application of brake by a KSRTC bus driver.The woman had sought ₹2 lakh as she had to undergo extensive treatment being bedridden and also suffered from extreme trauma for a long period of time after the incident. This prompted her to approach the High Court with an appeal.Advocate Alex Antony Sebastian, appearing for KSRTC, contended that the compensation granted by the tribunal is faultless, especially because the appellant was a housewife, without any income.He further contended that since the appellant herself conceded that she was not earning any income, nothing more could have been granted by the tribunal, in excess of what has been now awarded.The Court said that the stand taken by KSRTC was “outrageous”. The Court noted that the housewife’s wound certificate showed that she suffered from a spinal fracture, leading to its compression, leaving her with difficulty in breathing and with pain all over her body.The MACT's observation that the housewife was unable to perform her “routine work” because of the spinal injury and trauma, is an understatement of the pain and suffering she went through, the Court said.Therefore, the Court allowed the appeal in part and granted the petitioner a total compensation of ₹1,64,654, instead of ₹40,214 awarded by the MACT..The petitioner was represented by advocates PV Baby and AN Santosh.The respondent was represented by advocates Alex Antony Sebastian..[Read Judgment]