Homemaker’s Services to family cannot be negated, say MACT
Rupees 12.22 lakh paid to the family members of the women in the case were women died in the road accident. As per the tribunals “A housewife puts in…labour and work to raise her family, her contribution cannot be negated, the accident claims tribunal, Mohali. The owner of the ambulance and the insurance company dined from the faults until the judgement made by the court the women named Soni Devi was 36-year-old and was a homemaker who died after being hit by an ambulance in May 9, 2018.
Sonia Devi who was on her was to the market with her husband and neighbour Pramila to buy vegetables when the speeding ambulance driving the wrong way on the road hit her near Bawa White House Chowk, near Kambala village, leaving her with multiple injuries. After this incident she was taken to first, referred her to Chandigarh’s GMCH-Sector 32 from where she was again referred to the Post Graduate Institute of Mdiacal Education and Research, where she died. A case was registered against the ambulance driver in Mohali’s Phase 11 police station. Disposing of the claim, the accident tribunal presided over by additional district and sessions judge, Monika Goyal, observed that a housewife took care of her husband and children, cooked food and washed clothes. These were chores that could have been performed by a domestic help, but there was no substitute for a wife/mother who rendered selfless service to her husband and children. Therefore, the dependents are entitled to adequate compensation in lieu of the loss of gratuitous services rendered by a housewife.
- Rash driving or riding on a public way.—Whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
304A. Causing death by negligence. —Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
- Causing grievous hurt by act endangering life or personal safety of others.—Whoever causes grievous hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both.
The tribunals also had dismissed the arguments of the vehicle insurer that Soni Devi was careless while walking on the road and that of the driver and vehicle owner that a false case had been filed against them. There is no such motive attributed to claimants to falsely implicate them,” it observed. The tribunal also directed the owner of the ambulance Sunita Rani and driver Lakhvir Singh, alias Lucky, both from Kharar, and United India Insurance Company Limited, to pay the compensation with 9% interest for Soni Devi’s death due to the driver’s negligence.
Also Read- Motor Accident Claim Calculation
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