Accident case:HC slams tribunal's award; enhances compensation

Slamming the Motor Accidents Claims Tribunal of Virudhunagar for its "narrow minded order" in awarding compensation to the next of kin of an accident victim, the Madras High Court has enhanced the compensation from Rs.1.62 lakh to Rs.6.76 lakh.
Justice S.Vimala, before whom the civil miscellaneous appeal filed by the mother, husband and five-year-old daughter of the deceased, came up for hearing, observed that the victim's daughter must be "missing her mother's lap".
"The primary responsibility of the homemaker is to ensure that the family is happy, healthy and prosperous. To make the home as heart of the family giving total relaxation and complete freedom and joy to members of the family, is the critical role willingly undertaken and delightfully discharged. As it is voluntary, it is quite often neglected, forgotten and devalued."

The judge also ruled that though the government was expected to be a model litigant, it had not even paid the meagre compensation awarded by the tribunal.
31-year-old Selvi, said to be earning Rs 5,000 per month by selling clothes, died in an accident on April 23, 2004.
Her husband, daughter aged five at that time, and mother moved the tribunal for compensation. Disbelieving the claim of independent income for Selvi as it was not supported by any documents, the tribunal concluded that her 'notional income' as a homemaker was Rs 15,000 annually and awarded a paltry Rs 1.62 lakh as compensation.

Slamming the tribunal for its narrow-mindedness and saying such a view cannot be tolerated, the judge said that a house wife's services, described as gratuitous service, has not been considered by the tribunal.
"When the child was aged 5 it lost the lap of the mother, which nobody can afford. The guidance and support needed from the mother, especially for a girl child, need not be emphasised. The tribunal, unmindful of the consequences of the death, has quantified the compensation in a way which nobody can tolerate."
Relying on Supreme Court rulings on the issue, Justice Vimala then considered Rs 36,000 as annual 'notional income' of the woman, and arrived at a compensation figure of Rs 6.76 lakh and directed the authorities to deposit it within three weeks.