Tuesday, May 19, 2015

INCOME OF A HOUSE-WIFE FOR COMPUTING COMPENSATION UNDER MOTOR VEHICLES ACT

             If a house wife was not doing any work and has no source of income then how much her income should be fixed for purpose to computing the compensation under Motor Vehicles Act this question has been decided by Hon'ble Apex Court in the case of Jitendra Khimshankar Trivedi and othess Versus  Kasam Daud Kumbhar and others decided on 03.02.2015 and reported in 2015 (2) AWC 1089 (SC).
              Hon'ble Apex court held that it is hard to monetize the domestic work done by a house-wife. The service of the mother/wife is available 24 hours and her duties are never fixed. courts have recognized the contribution made by the wife to the house is invaluable and that it cannot be computed in terms of money. A house wife/house-maker does not work by the clock and she is in constant attendance of the family throughout and such service render by the house-maker has to be necessarily kept in veiw while calculating the loss of dependency.
              In this case Hon'ble Apex Court fixed the income of deceased house-wife/house-maker Rs. 3,000/- per month after considering several earlier decisions of Court and enhanced the award

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