Case Note & Summary
The appellant, Khatijabi, a 59-year-old housewife, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensation for injuries sustained in a road accident on 06/08/2001. While traveling in an auto rickshaw, it collided with a truck (MH31/W5950), causing her compound fractures of the middle phalanges of the 3rd and 4th fingers, fracture of the right clavicle, and fracture of the lower 1/4th of the ulna. She was hospitalized for a few days and incurred medical expenses of Rs. 10,000/-. She claimed 5% permanent disability affecting her longevity. The Motor Accident Claims Tribunal, Akola, in MACP No.53/2002, awarded Rs. 30,000/- as compensation, which the appellant challenged as inadequate. The High Court noted that the Tribunal failed to assess any notional income for the appellant, a housewife, and did not adequately compensate for permanent disability. The Court held that a housewife's contribution to the family and society must be recognized, and her notional income should be considered. Applying the multiplier of 9 (as per the Second Schedule for age 55-60), the Court assessed notional income at Rs. 3,000/- per month, leading to Rs. 54,000/- for loss of earning capacity (5% disability). Additionally, the Court enhanced compensation for pain and suffering to Rs. 25,000/-, medical expenses to Rs. 10,000/-, special diet and conveyance to Rs. 5,000/-, and loss of amenities to Rs. 6,000/-, totaling Rs. 1,00,000/-. The appeal was allowed, and the enhanced amount was directed to be paid with interest at 7.5% per annum from the date of petition.
Headnote
A) Motor Accident Claims - Compensation for Housewife - Permanent Disability - The appellant, a housewife, sustained compound fractures and 5% permanent disability in a road accident. The Tribunal awarded Rs. 15,000/- for pain and suffering, Rs. 5,000/- for medical expenses, Rs. 5,000/- for special diet and conveyance, and Rs. 5,000/- for loss of amenities, totaling Rs. 30,000/-. The High Court held that the compensation was inadequate and enhanced it to Rs. 1,00,000/- considering the nature of injuries, permanent disability, and notional income of Rs. 3,000/- per month. (Paras 1-10) B) Motor Accident Claims - Notional Income - Housewife - The Tribunal did not assess any notional income for the appellant, a housewife. The High Court held that even a housewife contributes to the family and society, and her notional income should be considered for loss of earning capacity due to permanent disability. Applying the multiplier method, the Court assessed notional income at Rs. 3,000/- per month and awarded Rs. 54,000/- for loss of earning capacity. (Paras 7-9) C) Motor Accident Claims - Multiplier - Age of Claimant - The appellant was 59 years old at the time of the accident. The High Court applied the multiplier of 9 as per the Second Schedule of the Motor Vehicles Act, 1988, for the age group of 55-60 years. (Para 9)
Issue of Consideration
Whether the compensation awarded by the Motor Accident Claims Tribunal for injuries sustained by a housewife was just and proper, particularly regarding the assessment of permanent disability and notional income.
Final Decision
The appeal is allowed. The judgment and award dated 10/04/2008 passed by MACT, Akola in MACP No.53/2002 is modified. The appellant is entitled to total compensation of Rs. 1,00,000/- with interest at 7.5% per annum from the date of petition till realization. The respondent No.3 (The New India Assurance Co. Ltd.) is directed to pay the enhanced amount within six weeks.
Law Points
- Compensation for housewife
- permanent disability
- notional income
- Motor Vehicles Act
- 1988
- Section 166
- Section 168
