Kolkata: A housewife’s contribution to the house was invaluable, the Calcutta High Court said on June 9 as it increased the compensation payable to the minor daughter of a woman, who was killed in a road accident, from Rs 9,17,000 to Rs 11 lakh with 6% interest per annum.Justice Biswaroop Chowdhury observed that though there was no blanket formula to consider the notional income of a housewife, the loss suffered by the family members on a housewife’s death could not be compensated by money. Hence, the compensation that appeared “just and reasonable” should be awarded.Reiterating a 2010 Supreme Court claims case, Justice Chowdhury quoted, “…For the purpose of award of compensation to the dependants some pecuniary estimate has to be made of the services of the housewife/mother. In that context, the term ‘services’ is required to be given a broad meaning and must be construed by taking into account the loss of personal care and attention given by the deceased to her children as a mother and to her husband as a wife. They are entitled to adequate compensation in lieu of the loss of gratuitous services rendered by the deceased. The amount payable to the dependants cannot be diminished on the ground that some close relation like a grandmother may volunteer to render some of the services to the family which the deceased was giving earlier.”The new case pertains to a couple and their two daughters who were driving from Kolkata to their Midnapore house in April, 2022. On the way, the car they were travelling by crashed into another vehicle, which was standing illegally on the highway. Only the younger daughter survived, albeit with injuries to her knees, as her parents died on the spot and her sister died at a hospital.The fast track court awarded the minor girl a compensation of Rs 9,17,000 for the death of the woman and Rs 2,10,79,100 for the death of the man. While the insurance company challenged the compensation amount, the family of the deceased demanded that the notional monthly income should have been taken as Rs 10,000 and not Rs 5,000.The plea of the girl’s family stated: “The deceased did not work by the clock, the deceased was in constant attendance of the family throughout the day and night. She took care of all the requirements of her husband and children, and she taught her daughters and provided invaluable guidance to them for their future life. She took care of her two daughters as a mother and to her husband as a wife and to her parents-in-law as a daughter-in-law. The deceased was a healthy person and she had a good future prospect.”
