Kochi: Often Motor Accident Claims Tribunals award compensation considering the occupation of the person killed or injured in a mishap. A hefty amount, often amounting to crores of rupees, is awarded to the kin of the dead person or to the person injured. In contrast a measly sum is paid to jobless or retired persons.
The Kerala High Court has now held that the compensation amount cannot be reduced on the ground that the accident victim is a homemaker who does not earn an income.
Justice Devan Ramachandran directed that the injury caused to a homemaker should be measured on the same criteria as that done in the case of a working woman.
The roles of a mother and wife are beyond comparison and they are the true nation-builders, the court said. Do not brush aside their efforts as being without monetary value. The worth of human lives are never measured on monetary value alone, but instead by their selflessness and contributions, the court further said.
The case
The HC made these observations while considering a petition seeking to enhance the compensation awarded to a 61-year-old woman who was injured while travelling in a Kerala State Road Transport Corporation (KSRTC) bus.
Kalukutty, a native of Eluvupadam in Palakkad district, was seriously injured after she was thrown off from her seat after the driver recklessly applied the brakes. The accident happened on August 24, 2006, and the woman was bedridden for a long period of time. Though a compensation of Rs 2 lakh had been sought, the Irinjalakuda Motor Accidents Claims Tribunal awarded a compensation of Rs 40,214! The petitioner then approached the High Court, pointing out that this amount is very less.
However, the KSRTC contended that there was no impropriety in determining a lesser amount for a petitioner who is just a homemaker without any income. But the court said that this contention is outrageous and beyond comprehension. The mother and wife invest their time for the family to bring up the next generation, the court said.
Subsequently, the court raised the compensation amount to Rs 1.64 lakh and directed to give it along with an annual interest of 7.5 per cent.
