1. Claim for enhanced compensation under Motor Vehicle Act, 1988 against award for death of pedestrian in rash driving accident. (Para 1 , 2 , 3 )
Back
Next 
2026 Supreme(Online)(Raj) 13025
HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
Sandeep Taneja, J
Mohammad Khalid – Appellant
Versus
Jagmohan Meena – Respondent
S.B. Civil Miscellaneous Appeal No. 791/2023
Important Points
The notional income of a home-maker in motor accident compensation claims should be calculated based on the minimum wages notified by the State Government for a skilled worker, recognizing the multifarious skills and dedication inherent in the role.
Subject
Motor Vehicle Law - Compensation Quantum
Act Referred
Motor Vehicle Act, 1988: S.173
Headnote
(A) Motor Vehicles Act, 1988 - Section 173 - Death in motor accident - Quantum of compensation - Income of a home-maker to be assessed based on the minimum wages for a skilled worker as notified by the State Government for the relevant period (Para 8.2) - Role of a home-maker involves multifarious services, special skills, and continuous dedication, and due weight must be given to the nature of these services when considering income and contribution (Para 8.1).
(B) Loss of consortium, funeral expenses, and loss of estate - Benefit to be awarded to each claimant - Increment @ 10% to be applied in compensation under these conventional heads if more than three years have elapsed from the date of the relevant Supreme Court precedent till the date of the accident (Para 9).
Facts of the case:
A pedestrian woman was hit by a motorcycle driven in a rash and negligent manner and succumbed to her injuries. The Tribunal awarded compensation in favour of the claimants. An appeal was filed seeking enhancement of the award, contending that the deceased, who functioned as a home-maker and labourer, should have her notional income calculated based on minimum wages for a skilled worker rather than an unskilled worker.
Findings of Court:
The monthly income of the deceased as a home-maker is re-assessed based on the minimum wage for a skilled worker. Consequently, the compensation awarded by the Tribunal is enhanced by Rs. 2,34,104/-.
Issues: Whether the notional income of a home-maker should be determined on the basis of unskilled or skilled worker wages and whether increments for conventional heads of compensation are applicable.
Ratio Decidendi: The role of a home-maker involves multifaceted skills, effort, and dedication to the family; therefore, for the purpose of awarding just compensation, their notional income should be assessed based on the minimum wages notified by the State Government for a skilled worker.
Result: Appeal is partly allowed.
(B) Loss of consortium, funeral expenses, and loss of estate - Benefit to be awarded to each claimant - Increment @ 10% to be applied in compensation under these conventional heads if more than three years have elapsed from the date of the relevant Supreme Court precedent till the date of the accident (Para 9).
Facts of the case:
A pedestrian woman was hit by a motorcycle driven in a rash and negligent manner and succumbed to her injuries. The Tribunal awarded compensation in favour of the claimants. An appeal was filed seeking enhancement of the award, contending that the deceased, who functioned as a home-maker and labourer, should have her notional income calculated based on minimum wages for a skilled worker rather than an unskilled worker.
Findings of Court:
The monthly income of the deceased as a home-maker is re-assessed based on the minimum wage for a skilled worker. Consequently, the compensation awarded by the Tribunal is enhanced by Rs. 2,34,104/-.
Issues: Whether the notional income of a home-maker should be determined on the basis of unskilled or skilled worker wages and whether increments for conventional heads of compensation are applicable.
Ratio Decidendi: The role of a home-maker involves multifaceted skills, effort, and dedication to the family; therefore, for the purpose of awarding just compensation, their notional income should be assessed based on the minimum wages notified by the State Government for a skilled worker.
Result: Appeal is partly allowed.
Legal Category Hierarchy
Advocates:
For the Appellants/Petitioners: Ritesh Jain, Ramdeo Arya, Poonam Mishra
For the Respondents: Chanderdeep Singh Jodha
For the Appellants/Petitioners: Ritesh Jain, Ramdeo Arya, Poonam Mishra
For the Respondents: Chanderdeep Singh Jodha
Table of Contents
2. Claimants sought enhanced compensation based on skilled worker wages and consortium per Pranay Sethi; insurance opposed as just and fair. (Para 5 , 6 )
3. Court held homemaker's income should be assessed on minimum wages for skilled worker, not unskilled, citing Supreme Court precedents. (Para 8 )
4. Notional income of a homemaker must be assessed on minimum wages for skilled worker, considering the value of household services. (Para 8 )
5. Appeal partly allowed; compensation enhanced by specified amount, with interest, to be deposited within two months. (Para 10 , 11 , 12 , 13 )
6. How is the notional income of a deceased homemaker assessed for computing compensation under motor vehicle law?
It is assessed on the basis of minimum wages notified for a skilled worker, considering the special skills and dedication required for household work. (Para 8 )
7. Are claimants entitled to an increment in compensation under conventional heads due to lapse of time?
Yes, an increment of 10% is applied to conventional heads (consortium, funeral expenses, loss of estate) per Pranay Sethi guidelines. (Para 9 )
Order
28/04/2026
1. This appeal has been filed under Section 173 of Motor Vehicle Act, 1988 against the judgment and award dated 17.01.2023, passed by the learned Motor Accident Claims Tribunal, Dausa (for short ‘Tribunal’) in MAC Case No.51/2022 whereby the claim petition filed by the claimants-appellants (for short ‘claimants’) was partly allowed.
2. The brief facts of the case, as pleaded in the claim petition, are that on 04.01.2022, at around 12:30 PM, Raheesa Begum (since deceased) was coming on foot from station after purchasing vegetables and when she reached near Ramkaran Joshi Government Higher Secondary School, Dausa, a motorcycle bearing registration No.RJ-29- AS-3427, being driven by respondent No.1 in a rash and negligent manner, hit her. As a result of which, she sustained grievous injuries and later on died.
3. The claimants preferred a claim petition before the learned Tribunal for compensation on account of death of Raheesa Begum, which was partly allowed vide impugned judgment and award dated 17.01.2023 and a sum of Rs.6,03,304/- was awarded in favour of the claimants, along with interest @6% per annum from the date of filing the claim petition.
4. Being dissatisfied with the impugned judgment and award, the claimants have filed the present appeal, seeking enhancement of the compensation so awarded by the learned Tribunal.
5. Learned counsel for the claimants has submitted that the learned Tribunal has erred in calculating the monthly income of deceased on the basis of minimum wages payable to an unskilled worker by taking 26 days in a month. It is further submitted that at the time of accident, the deceased was working as labourer and was discharging her duties as a home-maker, therefore, the income of the deceased should be calculated on the basis of minimum wages payable to a skilled worker, at the relevant time, as notified by the State Government which was Rs.283/- per day by taking 30 days in a month.
5.1 It is also submitted that the compensation for the loss of consortium should be awarded to each of the claimants, in accordance with the guidelines laid down by the Hon'ble Supreme Court in the case of National Insurance Company Ltd. v. Pranay Sethi , reported in (2017) 16 SCC 680 and Magma General Insurance Company Vs.
Nanuram @ Chuhru Ram & Ors. reported in (2018) 18 SCC 130
5.2 It is further submitted that in light of the judgment passed in Pranay Sethi (supra) increment @ 10%, should also be awarded in the compensation under the three conventional heads, namely, loss of consortium, funeral expenses, and loss of estate.
6. On the other hand, learned counsel for respondent-insurance company has opposed the submissions made by learned counsel for the claimants and has submitted that impugned judgment and award passed by the learned Tribunal is just and fair; and therefore, no interference is warranted by this Court.
7. Heard learned counsel for the parties and perused the material available on record.
8. The case of the claimants is that at the of time of accident, the deceased was working as a labourer and was also performing her duties as a homemaker, but they failed to produce cogent evidence, before the learned Tribunal, in order to prove income of the deceased. In these circumstances, the learned Tribunal assessed the income of the deceased on the basis of the minimum wages payable to an unskilled worker at the relevant period.
8.1 At this juncture, before delving into the issue of calculation of monthly income of the deceased, it is relevant to refer to the observations made by the Hon’ble Supreme Court on the role of a home-maker in a family.
The Hon’ble Supreme Court in Rajendra Singh and Ors. vs.
National Insurance Company Limited and Ors., reported in AIR
2020 SC 3144, observed as under:
“9. The first deceased was a housewife aged about 30 years. In Lata Wadhwa v. State of Bihar , (2001) 8 SCC 197, this Court had observed that considering the multifarious services rendered by housewives, even on a mode
