Calculation of notional income of homemakers should be based on their labour, services and sacrifices

While determining compenstion in motor accident claim case, the calculation of notional Income of Homemakers must be based on their work, labour and sacrifices.

In this case, the Court was deciding compensation for three surviving dependents of motor accident, who claimed life of a married couple. While assessing monthly income of deceased woman(homemaker), sheer amount of time and effort that is dedicated to household work must be taken into consideration.

The issue of fixing notional income for a homemaker serves extremely important functions. It is a recognition of multitude of women who are engaged in this activity, whether by choice or as a result of social/cultural norms. It signals to society at large that law and Courts of land believe in value of labour, services and sacrifices of homemakers. There can be no exact calculation or formula that can magically ascertain true value provided by an individual gratuitously for those that they are near and dear to. The attempt of Court in such matters should therefore be towards determining, in best manner possible, truest approximation of value added by a homemaker for the purpose of granting monetary compensation. Whichever method a Court ultimately chooses to value activities of a homemaker, would ultimately depend on facts and circumstances of case. Court needs to keep in mind its duty to award just compensation, neither assessing the same conservatively, nor so liberally as to make it a bounty to claimants. When it comes to cases relating to notional income for non-earning victims, principle applies with equal vigour, particularly with respect to homemakers.

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