Compensation Cannot Replace the Loss of a Homemaker, Nor Can It Fill the Void of Her Love for Family: Delhi HC

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The Delhi High Court has expressed that no amount of compensation can ever truly compensate for the love, care, and warmth provided by a homemaker to her family. Justice Gaurang Kanth made this observation while dealing with an appeal filed by an insurance company challenging an order by the Motor Accidents Claims Tribunal (MACT) to pay Rs 17.38 lakh to the claimants for the loss of their family members in a motor accident.

The insurance company argued that the notional income of a homemaker cannot be accurately computed based on the Minimum Wages Act, as there is no proof of income and education. They also claimed that the MACT improperly calculated the notional income and failed to deduct personal expenses while adding an assumed income increase of 25% for future calculations.

In response, Justice Kanth highlighted the challenge in accurately quantifying monetary compensation for the loss of a homemaker, considering the various invaluable services she provides as a wife, mother, daughter, and daughter-in-law. He acknowledged that courts and tribunals may skillfully deal with the matter, but the true value of a homemaker’s contributions cannot be fully captured in monetary terms.

The judge emphasized that while financial compensation can offer some support to the grieving family, it can never replace the love, care, and warmth provided by a mother or wife to her family.

Justice Kanth rejected the insurance company’s argument regarding the MACT’s calculation, stating that in the absence of evidence, courts have to determine the notional income based on minimum wages notified under the Minimum Wages Act. Accordingly, the court ordered the insurance company to pay the family a compensation amount of Rs 15.95 lakh, upholding the MACT’s decision.

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