In motor accident cases, calculation of notional income of homemakers must be based on their work, labour and sacrifices
Supreme Court while taking up motor accident dispute held that calculation of Notional Income of Homemakers must be based on their work, labour and sacrifices.
In the motor accident case before Court, the wife was a Homemaker before her death. The contribution made by the wife to the house is invaluable and cannot be computed in terms of money. The gratuitous services rendered by the wife with true love and affection to the children and her husband and managing the household affairs cannot be equated with the services rendered by others.
It is not possible to quantify any amount in lieu of the services rendered by the wife/mother to the family i.e. the husband and children. However, for the award of compensation to the dependants, some pecuniary estimate has to be made of the services of the housewife/mother. In that context, the term “services” is required to be given a broad meaning and must be construed by taking into account the loss of personal care and attention given by the deceased to her children as a mother and her husband as a wife. They are entitled to adequate compensation in lieu of the loss of gratuitous services rendered by the deceased.
The issue of fixing notional income for a homemaker serves extremely important functions. It is a recognition of a 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 the land believe in the 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 the Court in such matters should therefore be towards determining, in the best manner possible, the truest approximation of value added by a homemaker to grant monetary compensation. Whichever method a Court ultimately chooses to value activities of a homemaker, would ultimately depend on facts and circumstances of the case. The 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, the principle applies with equal vigour, particularly concerning homemakers.
