IMPORTANT POINT
The main legal point established in the judgment is that the claimant's income should be considered as per the Minimum Wages Act, and the compensation awarded should account for the impact of the injuries on the claimant's life.

JUDGMENT :

GITA GOPI, J.

1. Challenge has been given by the injured claimant to the judgment of the Motor Accident Claims Tribunal (Auxiliary) and 5th Additional District Judge, Anand dated 24/11/2021 in MACP No. 303 of 2015.

2. The facts of the case as has been noted in the impugned judgment suggests that on 04/5/2015, the applicants of both the matters i.e. MACP No. 303 of 2015 and MACP No. 304 of 2015, were going towards village Vanchiel by travelling in trolley bearing registration no. GJ-23-V-8722 driven by opponent no. 3. It is stated that the trolley was in moderate speed and on the correct side of the road and when they reached near village Sisva Bhadran Road, they met with an accident since opponent no. 1 came driving vehicle bearing registration no. GJ-23-V-3477 in rash and negligent manner and while overtaking he came on the wrong side of the road and dashed his Icer Tempo with the trolley as a result of which both the applicants sustained injuries.

3. Mr. R.G. Dwivedi, learned advocate for the appellant submitted that the appellant claimant had deposed before the court that she was earning Rs. 5,000/- per month by doing agriculture and cattle husbandry business and inspite of that the learned Tribunal has considered monthly income of Rs. 3,500/-. Learned advocate further stated that if at all, facts of her earning were not believed, then her status as a house maker ought to have been considered and she should have been appropriately granted compensation as laid down in the judgment of Arvind Kumar Pandey and Others vs. Girish Pandey and Another in Civil Appeal No. 2512 of 2024 and Arising Out of SLP (C) No. 20918 of 2022. Learned advocate submitted that the Apex Court has taken the view that house wives should be compensated on the level of minimum wages schedule, so that her contribution in the house could be valued in terms of money on a standard equal to that of the persons who derive benefit under minimum wages schedule. Learned advocate further submitted that if the ratio laid down in case of Arvind Kumar Pandey (supra) is now to be followed, then as per the judgment of Mohd. Sabeer @ Shabir Hussain vs. Regional Manager, U.P. State Road Transport Corporation, AIR 2023 SC 186, the prospective rise in income is also required to be considered even in a injury case which the learned Tribunal has failed to do so. Hence, learned advocate submitted that though no dispute could be raised towards the assessment of 30% physical disability to consider as a functional disability, just and reasonable amount is required to be granted.

4. Per contra, Mr. Tanmay Karia, learned advocate for the respondent no. 2 submitted that the learned Tribunal has not believed the claimant, since she has not produced any documents to support her case with regard to her alleged earning and thus learned advocate submitted that the claimant has been appropriately compensated by considering her income of Rs. 3,500/- per month and by assessing 30% disability as well as applying multiplier of 18. Mr. Karia, learned advocate further submitted that the amount under the other head being medical expenses has been granted as per the medical bills being proved and the amount under the head of pain, shock and suffering, special diet, attendance charges and transportation charges are also given appropriately.

5. In case of Arvindkumar Pandey (supra), it has been observed in Para-7 and 8 as under:

“7. Assuming that the deceased was not employed, it cannot be disputed that she was a homemaker. Her direct and indirect monthly income, in no circumstances, could be less than the wages admissible to a daily wager in the State of Uttarakhand under the Minimum Wages Act.

8. It goes without saying that the role of a homemaker is as important as that of a family member whose income is tangible as a source of livelihood for the family. The activities performed by a home-maker, if counted one by one, there will hardly be any doubt that the contribution of a home-maker is of