The court established that the contribution of a homemaker must be recognized in monetary terms for compensation calculations, emphasizing the importance of minimum wage standards in assessing loss of dependency.

JUDGMENT :

(J.C. Doshi, J.)

Since both the First Appeals arises out of the same road accident, with the consent of learned advocates for the parties, they are being disposed of by this common judgment and order.

2. By way of captioned Appeals, the appellants challenge Judgment and Award dated 09/01/2020 passed by the Learned Motor Accident Claim Tribunal (Aux.), Kheda at Nadiad, in M.A.C.P No. 597 of 2017 and 679 of 2017.

3. First Appeal No.2037 of 2020 is filed by the claimants – legal heirs of deceased Sangitaben for enhancement of compensation and First Appeal No.1802 of 2020 is filed by the appellant – insurance company to reduce the compensation.

4. Brief facts of the case are that on 17/06/2017 at about 19:30 Hrs. while deceased was travelling on Motorcycle No. GJ- 07-CC-3597 as pillion rider along with their one year old son on lap and husband who was driving the motorcycle, when they reached the place of accident at that time driver of Maruti Echo Car No. GJ-01- KJ-5165 by driving his vehicle very rashly and negligently with full speed and came on his wrong side and dashed his vehicle with Motorcycle of deceased and accident occurred. In same accident grievous injuries sustained by deceased and Her Husband, her husband succumbed to same injuries on the spot of the accident and she succumbed to the same injuries in the hospital during the treatment on same night.

5. Heard learned advocate Mr. RG Dwivedi for the appellants and learned advocate Mr. Vibhuti Nanavati for respondent No.2.

6. Learned advocate for the appellants would submit that the learned Tribunal has committed gross error in taking up income of deceased Sangitaben to Rs.4000/- much lower than the rate of minimum wage. He would further submit that though the claimants have not produced any documentary evidence to prove the income of deceased Sangitaben at the time of road accident, considering the fact that she was aged 21 years old at the time of road accident and has died in the road accident in the year 2017, the learned Tribunal at least was required to take up the rate of minimum wage for assessing her income on the date of road accident. He would further submit that the notional income assessed by the learned Tribunal of Rs.48000/- per year is by no means on lower side and therefore, he prays that by allowing this First Appeal, this Court may recalculate the compensation awardable to the claimants by taking up the rate of minimum wage as yardstick in the case on hand. According to the rate of minimum wage available in the year 2017, it was Rs.7946/-.

7. Upon such submission, learned advocate Mr. Dwivedi prays to recalculate the compensation by adopting Rs.7946/- per month as the income of deceased Sangitaben.

8. On the other hand, learned advocate Mr. Nanavati would pray to maintain the impugned judgment and award on the argument that since the claimants have not produced any evidence of income, the learned Tribunal has rightly taken up Rs.4000/- as income of deceased Sangitaben being home maker. Therefore, upon such submission, he prays to dismiss the First Appeal No.2037 of 2020.

9. Having heard learned advocates for both the sides and on perusal of the impugned judgment and award, I may refer to the judgment of the Hon’ble Apex Court in case of Jitendra Khimshankar Trivedi Versus Kasam Daud Kumbhar. 2015 (4) SCC 237, more particularly, para 11 and 12 thereof, whereby the Hon’ble Apex Court recognized the contribution made by wife to the house branding the same as invaluable and held that it cannot be computed in terms of money. In the facts and circumstances of the case, the Hon’ble Apex Court taking role of the deceased as home maker fixed her income to Rs.3000/- per month. Said paras read as under:-

“11. Even assuming Jayvantiben Jitendra Trivedi was not self- employed doing embroidery and tailoring work, the fact remains that she was a housewife and a home maker. It is hard to monetize the domestic work done by a house-mother. The services of the