Recognition of the value of a homemaker's labor, services, and sacrifices, and the need to calculate notional income and grant future prospects for just compensation.

JUDGMENT :

GITA GOPI, J.

1. The appellant-injured lady has challenged the judgment and award dated 30.7.2019 passed by the MACT (Aux), Gondal in MACP no. 52 of 2013.

2. The appellant has raised a ground that the income has not been considered in accordance to the observations of the Hon'ble Apex Court to appreciate the duties of a housewife and further a ground has been raised that amount under the head of pain, shock and suffering is not in accordance to the injuries and the disability sustained by the claimant.

3. Learned advocate Mr. Nishit Bhalodi stated that the services rendered by the housewife has to be given a broad meaning and should be adequately compensated and her work should not be equated with that of a labourer, but should be placed on a higher pedestal since the service of a housewife develops a family which starts from the minor and other members who would be dependent on her household services.

4. While Mr. Mehta stated that the learned Tribunal has assessed the income aspect in accordance to the evidence, which had been led before the Court and therefore, stated that the amount as assessed for the monthly income is just and proper and further submitted that the appellant had failed to show any cogent evidence to claim any higher amount under the head of pain, shock and suffering.

5. In case of Arun Kumar Agrawal and Another vs. National Insurance Company Limited and Others, (2010) 9 SCC 218, the Hon'ble Apex Court has elucidated the services rendered by a housewife/mother whose services are required to be given a broad meaning and must be construed by taking into account the personal care and attention given to the children as a mother and to her husband as a wife.

6. In Kirti and Another vs. Oriental Insurance Company Ltd. (2021) 2 SCC 166, the Hon'ble Supreme Court, while observing the contribution of the house maker who add to the economic value to the household has observed that the law and the courts of land believe in the value of labour, services and sacrifices of a home maker. It has been observed in Paragraph 30 as under:

“30. The issue of fixing notional income for a homemaker, therefore, serves extremely important functions. It is a recognition of the 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 the law and the Courts of the land believe in the value of the labour, services and sacrifices of homemakers. It is an acceptance of the idea that these activities contribute in a very real way to the economic condition of the family, and the economy of the nation, regardless of the fact that it may have been traditionally excluded from economic analyses. It is a reflection of changing attitudes and mindsets and of our international law obligations. And, most importantly, it is a step towards the constitutional vision of social equality and ensuring dignity of life to all individuals.”

7. Further, it has been held that there can be no fix approach to the issue as to how notional income of a home maker is to be calculated and the said issue has to be understood by an attempt of the Court to fix an appropriate economic value for all the work that a home maker does and the Court must keep in mind the idea of awarding just compensation in such cases looking to the facts and circumstances. The Hon'ble Apex Court in the said judgment of Kirti (supra) has also dealt with the issue of granting future prospects even in cases pertaining to notional income and has extended the said principles to non-earning victims particularly with respect to home makers and further had summarized the said aspect to be taken into consideration for fixing the notional income of a home maker. Paragraph 41 of the said judgment reads as under:

“41. Therefore, on the basis of the above, certain general observations can be made regarding the