The Delhi Motor Accident Claims Tribunal has awarded ₹8.49 lakh to a woman injured in a 2021 road accident, treating her work as a homemaker as having a monthly notional income of ₹30,000 for calculating compensation. The tribunal directed United India General Insurance Company Limited to deposit the amount within 30 days, failing which the sum will attract nine per cent annual interest.
The order, dated October 12, found that the accident occurred because of the rash and negligent driving of the offending vehicle. Presiding Officer Manish Khurana recorded that the woman had suffered injuries after a Mahindra Thar allegedly hit the motorcycle on which she was travelling near Bawana on January 18, 2021.
The woman, who was then 33, was travelling with her husband and son. All three sustained grievous injuries in the accident. The Thar’s driver-cum-owner, identified as Amit Kumar, was chargesheeted under Sections 279, 337 and 338 of the Indian Penal Code in connection with the incident.
The tribunal said the driver neither cross-examined the woman nor led any evidence in the case. It therefore held that the accident was caused by his rash and negligent driving. The tribunal’s finding established liability for the injuries suffered by the petitioner, according to the order reported by The Hindu.
The woman had claimed that she earned ₹18,000 a month as a tailor, but the tribunal said that claim was not proved. It nevertheless assessed her monthly income at ₹30,000 as a homemaker while calculating the compensation. The decision relied on a Supreme Court judgment dated June 11 in Shishupal alias Shish Ram versus Surjeet.
The Supreme Court judgment held that the loss of a homemaker’s domestic care should be monetised at a minimum notional income of ₹30,000 per month in motor vehicle accident compensation cases. The approach recognises household work as an economic contribution for the purpose of assessing financial loss, even where the person does not have documented wages from formal employment.
A medical board assessed the woman’s permanent disability at six per cent in her left lower limb. The tribunal considered the medical assessment and other relevant factors before awarding ₹8.49 lakh under various heads of compensation.
The insurer has been given 30 days to deposit the awarded amount. If it fails to meet the deadline, the tribunal’s order provides for interest at nine per cent annually.
