Madras HC Justice SM Subramaniam in the matter of Bhuvaneswari Vs Mani, a case of compensation to a homemaker, rules that “happy family alone can constitute a better society and better society can lead the Nation vibrantly”. The court also said that, “homemakers contributing to the development of our Great Nation”.
The appellant woman aged about 39 years old, filed an appeal before the Madras High Court seeking enhancement of compensation. She was injured in a road accident leads to permanent disability.
The learned counsel of one of the respondent raised that, the claimant woman had not produced any documents to prove her employment that she was working and earning.
The bench opined that, accident at the age of 39 will undoubtedly affect her matrimonial life. The bench also said that, in such cases to get compensation, Homemaker are ill-advised to say as if
they are employed and earning.
“Undoubtedly, no document has been produced to establish the employment as well as the income of the appellant/claimant. However, the factual inference is to be drawn in such cases, as a woman at home is the Homemaker and for this purpose, the fixation of income for grant of compensation, assessment can be made considering the appellant/claimant as the Homemaker. It happens the claimants are advised either by the relatives, friends or counsels to say as if they are employed and earning and in order to get compensation, the claimants are ill-advised to provide such facts before the Tribunal in their claim petitions.”, the bench said.
“Performing the job of the Homemaker is a toughest one and the Homemakers are working without any time limits as they are working with love and affection, which can never be expected from an ordinary employee. Therefore, the job of Homemaker can never be compared with employee or employment and the importance and the values are also to be considered by the Courts, while assessing the compensation.”, the bench said.
The bench said that Homemakers are Nation Builders, and their contribution towards Nation cannot be forgotten.
“we cannot forget that the Homemakers are the Nation Builders. They are the sources for making the family happy and happy family alone can constitute a better society and better society can lead the Nation vibrantly. Thus, the Homemakers are not only contributing to their family, but they contributing to the development of our Great Nation.”
The bench also that, the permanent disability to the claimant is a great loss to the entire family, so a practical approach needs to be adopted. The Tribunal has adopted a mechanical approach by considering the employment and income.
“Considering the nature of grievous injuries sustained by the appellant/claimant, this Court has no hesitation in arriving a conclusion that the permanent disability caused to the appellant/claimant would affect not only her family life, but also a great loss to the entire family. The family would suffer on account of the permanent disability sustained by the Homemakers. The family is losing her effective contribution to the family. Thus, a pragmatic approach is required to be adopted. However, the Tribunal has not taken these aspects in a right perspective. The Tribunal has adopted a mechanical approach by considering the proof for employment as well as the income.”
The bench directed the Insurance Company to deposit the modified compensation along with interest within a period of twelve weeks.
