'Mother or wife at home is true nation builder,' Kerala HC enhances compensation to homemaker injured in road mishap [Read Judgment]

The Kerala High Court has said a housewife cannot be denied due compensation in a road accident cases on the ground that she does not earn any income, saying lives of human beings are never tested on the scales of their monetary worth, but by their contribution and selflessness.

A single judge bench of Justice Devan Ramachandran rejected a contention by Kerala State Road Transport Corporation (KSRTC) on a plea by Kalukutty for enhanced compensation who suffered grievous injuries on August 24, 2006, as due to a rash and sudden application of brake by its bus driver, she was thrown of from her seat.

The court said the contentions of the KSRTC, that a housewife earns no income and therefore, not eligible for compensation for disability and loss of amenities, is "outrageous and beyond comprehension".

"The role of a mother and wife at home is beyond compare, and she is a true nation builder. She invests her time for the family and ensures that the next generation is fostered with the highest levels of excellence; and her efforts can never be taken trivially or brushed aside, as being without monetary value," the bench said.

In such perspective, the monetary compensation for an injury caused to a housewife will have to be measured and weighed on the same scales, as it would been, had she been a working woman, if not more, the bench added.

The court allowed the woman's appeal in part by granting her a total compensation of Rs 1,64,654 instead of Rs 40,214 awarded by the Motor Accident Claims Tribunal, Irinjalakuda which she will be entitled to recover from the KSRTC, along with interest at the rate of 7.5% per annum, from the date of the petition till realisation, along with proportionate costs on the enhanced amounts.

"When the Tribunal itself records that appellant was unable to perform her routine work because of the spinal injury and trauma, one fails to gather how very exiguous amounts had been granted to her under the head pain and suffering; while, compensation under the heads loss of amenities and disability has been totally denied," the bench said.

[Read Judgment]