Family argues that victim was a home-maker and her gratuitous services were far more valuable

The Delhi High Court on Thursday enhanced a compensation of Rs.6.21 lakh granted to the family members of a 33-year-old woman killed in a motor accident by a Motor Accident Claims Tribunal here to Rs.11.6 lakh, admitting the plea of the victim’s family that the Tribunal had not assessed the value of gratuitous services rendered by a housewife in a proper perspective. The victim was a home-maker and killed in an accident in 2009.

Justice G.P. Mittal enhanced the compensation quoting a judgment of this Court where the principle for determination of loss of dependency on account of gratuitous services rendered by a housewife was laid down.

According to the judgment, the principle provides for determination of the minimum salary of a housewife according to level of her graduation; if she is a graduate, it will be the minimum salary of a graduate. If she is a matriculate it would be the minimum salary a matriculate degree-holder and the minimum salary of a non-matriculate in other cases. To this assumed minimum salary will be added 25 and 15 per cent if the victim is 40-year-old and above 40 years but less 50 years respectively, the principle says, adding that there will be no addition to assumed income if the victim is above 50 years.

Later, the Supreme Court had dismissed a petition against the judgment where this principle was established, Justice Mittal noted.

In the instant case, the victim was a matriculate. Thus, the loss of dependency had to be granted on the basis of minimum wages of a matriculate. On applying the ratio as laid down in the judgment, the loss of dependency came to 10,51,680, and adding Rs.55,000 towards non-pecuniary heads as awarded by the Tribunal, the overall compensation thus came to 11,06,680, the Court said.


  • Claims Tribunal awards Rs.6.21 compensation,

    High Court enhances it to Rs.11.6 lakh

  • Family argues that victim was a home-maker and her gratuitous services were far more valuable


  • Family argues as a a home-maker the victim’s gratuitous services were far more valuable

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