Compensation for loss on account of domestic services – accidental death of working woman – Important Judgment
On 3.1.2011, innova car collided with the car of the appellant nos.1, 2 and deceased Madhuri S. Patil at Vele while travelling from Sangli to Pune met with an accident.. Madhuri S. Patil died while being taken to the hospital and the appellants suffered injuries.
The appellants claimed compensation towards dependency on the basis of salary certificate of Rs.17,03,416/- . However, according to the Insurance Company, as per the income tax records, the annual income would come Rs.11,59,808/-.
By the judgment dated 5.9.2019, the Tribunal awarded Rs.1,31,37,171/- against the claim of Rs.3,69,20,000/-, relying on the income tax and rejected salary certificate without assigning any reasons.
The deceased was a working woman. The claimants prayed for Rs.18 lakhs against domestic services and 50% for loss of future prospects. However, the Tribunal did not discuss the claim for compensation of domestic services and granted 30% compensation for future prospects.
The basis for the domestic services claim is that a woman does various household chores, looking after and binding all the members of her family with love and affecting, devoting herself completely to raising and nurturing her children’s development, dreams and aspirations. Merely because a woman is employed it would not mean that she wold derelict her duties for her home. On the contrary she successfully balances her career and family responsibilities with utmost grace. A working woman plays a dual role by putting in more hours so that she can discharge both her duties to the best of her abilities. Therefore, the claim for loss on account of domestic services is justified.
Judgment dated 28.3.2024 in First Appeal No.340 of 2020 of Dr. Sunil Shankar Patil and others Vs. Suhel Shaukat Shaikh and others.
