The Bombay High Court recently emphasised on the need to give due recognition to the importance a housewife’s role in the family while estimating the compensation payable in the event of her death in a motor accident case.
Justice Anil S Kilor of the Bombay High Court’s Nagpur Bench made pertinent observations on this aspect while setting aside an order passed by the Motor Accident Claims Tribunal, Achalpur.
A claim petition had been filed under Section 166 of the Motor Vehicles Act seeking compensation from the Oriental Insurance Company Ltd. for the death of a woman in an accident. The Tribunal had rejected the claim made by the deceased woman’s family while also citing that the deceased had been engaged in household work. In the appeal filed by the husband of the deceased woman and their two sons through their Advocate PK Agrawal, the Court emphasised, “When we talk about a ‘family’, the role of a woman as a ‘housewife’ (also known as ‘homemaker’) in family is the most challenging and important role which role though deserves much appreciation.
The tribunal had issued an order on February 3, 2007, which had rejected the claim for compensation on account of the death of Gavai’s wife, Babybai, in a road accident. The tribunal had dismissed the claim of her husband and the sons primarily on the ground that the deceased was a housewife and not an earning member of the family. The HC reversed the tribunal’s order, as it was contrary to settled legal principles.