Uma Rani Thr Spa Pankaj Thakur vs Simranjeet Singh & Ors.
- Court
- Delhi High Court
* IN THE HIGH COURT OF DELHI AT NEW DELHI
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% Reserved on : 26 May 2026
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Pronounced on : 01 July 2026
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Uploaded on : 02 July 2026
+ MAC.APP. 297/2022
UMA RANI THR SPA PANKAJ THAKUR .....Appellant
Through: Ms. Prerna Singh & Ms. Sugandha
Agarwal, Advocates.
versus
SIMRANJEET SINGH & ORS. .....Respondents
Through: Mr. Sandeep Singh, Advocate.
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
JUDGMENT
ANISH DAYAL, J.
1. This appeal has been filed assailing impugned judgment and award
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dated 13 April 2022 passed by Motor Accidents Claims Tribunal
[‘ MACT/Tribunal ’], South-West, Dwarka Courts in MACT No.
1135/2016, seeking enhancement of compensation awarded by the MACT
at Rs. 2,06,860/- inclusive of interest at the rate of 9% per annum upto the
date of compliance.
The Accident
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2. The accident occurred on 2 October 2012 at about 6:30 am when
appellant/ Uma Rani was sitting at Dashrathpuri Bus Stand, Palam Road,
New Delhi and her husband, Sh. Ram Singh was standing along with others
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KUMAR CHOUDHARY
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waiting to go to a satsang . A Santro Car bearing registration no. DL-2CW-
0634 (hereinafter, ‘ offending vehicle ’) driven by respondent
no.1/ Simranjeet Singh owned by respondent no.2/ Kamaljit Kaur hit them.
Her husband, Sh. Ram Singh , sustained grievous injuries and later
succumbed to the said injuries on the same day. On the other hand,
appellant/ Uma Rani sustained serious injuries on her left leg along with
other parts of the body.
3. Initially, no Disability Certificate was placed before the MACT, but
by order dated 09th January 2015, MACT sought opinion of the Medical
Board and thereafter, a Disability Certificate was requisitioned from the
office of Medical Superintendent, Deen Dayal Upadhyay Hospital , which
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was provided on 04 February 2015.
4. As per the Disability Certificate, appellant/ Uma Rani, aged 68 years
was ‘ a case of post-traumatic below knee amputation with operated united
fracture shaft of femur left side with 63% permanent physical disability in
relation to left lower limb ’ and the disability was permanent in nature.
5. Despite the Certificate, disability was not accounted for by the
MACT in computing the compensation.
6. Considering that she was a home-maker, her notional income was
taken at minimum wages of an unskilled worker at Rs.7,254/- and loss of
income of only one month was granted when she was in the hospital.
7. Ms. Prerna Singh , counsel for appellant/ Uma Rani , assails the
award on the ground that minimum wages of a skilled worker at Rs.
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8,814/- should have been considered while computing loss of income and
loss of future earning .
8. It was submitted that a lump sum amount of Rs.5,000/- was granted
towards medical expenses, despite incurring medical expenditure of Rs.
3,59,000/- out of which Rs.3,02,604/- was reimbursed under the Central
Government Health Scheme (‘ CGHS ’).
9. Further, compensation on account of special diet , conveyance , pain
& suffering and mental & physical shock were also challenged on grounds
of being highly inadequate.
10. No amount was awarded towards nursing/attendant charges and cost
of artificial limb and maintenance.
11. Per contra , counsel for respondents, submitted that appellant/ Uma
Rani was a pensioner and a beneficiary under CGHS, therefore, she had
already received reimbursement on account of medical expenses.
12. Further, loss of income claimed on account of medical treatment
was disputed on the ground that appellant/ Uma Rani had been visiting the
hospital only for follow ups and therefore, loss of income should not be
awarded.
Analysis
13. Appellant/ Uma Devi was injured in an accident, which occurred on
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2 October 2012 and was 68 years at that time. Ms. Singh , counsel for
appellant, stated that she is 82 years of age now and her husband had also
passed away in the said accident. Components of compensation as
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awarded by MACT and what has been claimed in the appeal are tabulated
as under:
Heads
Awarded by
Ld. Tribunal
Claimed in Appeal
Expenditure on treatment Rs. 5,000/-
Rs. 56,396/-
Expenditure on conveyance Rs. 10,000/-
Rs. 25,000/-
Cost of nursing/attendant NIL Rs. 10,00,000/-
Expenditure on special diet Rs. 10,000/-
Rs. 25,000/-
Loss of income Rs. 7,254/- Rs. 8814/-x 6 months
Rs. 52,884/-
Loss of future earning capacity NIL Rs. 3,96,630/-
Cost of artificial limb &
maintenance
NIL Rs. 2,20,000/-
Compensation for mental and
physical shock
Rs. 30,000/- Rs. 1,00,000/-
Pain and suffering
Rs. 50,000/-
Rs. 2,00,000/-
Loss of amenities of life NIL
Rs. 2,00,000/-
Disfigurement
NIL
Rs. 1,00,000/-
Loss of marriage prospect NA
NA
Total Compensation
Rs. 1,12,254/-
Rs. 23,75,910/-
Interest Awarded 9% 9%
14. In order to examine these issues, it would be apposite to extract the
reasoning given by MACT for awarding compensation, which is extracted
as under:
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“11. Being injured, petitioner is well within his rights to
claim compensation. Now coming to the extent of
compensation no medical bills pertaining to the injured
are produced on record, hence, in the interest of justice
a lumpsum amount of Rs. 5,000/- is granted to the
injured for medical expenses. As far as loss of income is
concerned, though, petitioner is a housewife, yet being
grievously injured she has been granted one month loss
of income which is equal to minimum wages of unskilled
at the time of accident that was Rs. 7,254/-. Seeing
nature of injuries suffered by her, petitioner is granted
a sum of Rs. 10,000/- for special diets and Rs. 10,000/-
for conveyance, Rs. 50,000- for pain and suffering and
Rs. 30,000/- for mental and physical shock, making a
total of Rs. 1,12,254/-, detail of which is given as under:-
Medical Expenses Rs. 5,000/-
Special Diet Rs. 10,000/-
Conveyance Rs. 10,000/-
Pain and suffering
Rs. 50,000/-
Mental and physical shock Rs. 30,000/-
Loss of Income Rs. 7,254/-
Total Compensation
Rs. 1,12,254/-
12. Now coming to the aspect of liability. It has already
been held herein above that the petitioner had suffered
injuries due to rash and negligent driving of respondent
no. 1 and as respondents were not able to impeach the
evidence of petitioner and the offending vehicle was not
insured the respondents are jointly and severally liable
to pay compensation to petitioner.
(emphasis added)
15. A plea had been made that supporting documents in relation to
compensation awarded be considered by the Court itself. Vide order dated
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24 February 2026, Court directed Joint Registrar (Judicial) to assess the
documents produced, after hearing both the sides on relevance of the
documents.
16. Consequently, matter was listed before the Joint Registrar
(Judicial), before whom supporting documents with respect to various
aspects of compensation being sought for enhancement were considered
and by order dated 09th April 2026, the Joint Registrar (Judicial) recorded
her observations, as under:
16.1. Firstly , with respect to expenditure on treatment , Joint Registrar
(Judicial) noted that no document has been exhibited and the documents
which were placed on record were photocopies. Considering that
appellant/ Uma Rani was a beneficiary of CGHS, original bills for
reimbursement were submitted and could not be traced. It was further
noted by Joint Registrar (Judicial) that the claim remained ‘ not proved ’,
since no witnesses had been summoned to prove that appellant/ Uma Rani
had incurred expenses of Rs. 56,396/-.
16.2. Secondly , with respect to expenditure on conveyance , no evidence
was placed on record or produced before the Joint Registrar (Judicial),
therefore, it was noted that it was not possible to know how many times
appellant/ Uma Rani had visited the doctor and the issue was therefore left
to the discretion of this Court.
16.3. Thirdly , with respect to cost of artificial limb , despite that
appellant’s left foot had been amputated, no witness had been examined
before this Court or before MACT. In the absence of that evidence, it was
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left to the discretion of this Court to determine the costs of artificial limb
and/or its maintenance.
16.4. Fourthly , with respect to cost of nursing attendant, special diet, loss
of income and loss of future earning capacity, nothing had been placed on
record before this Court.
16.5. Fifthly , with respect to compensation awarded towards mental and
physical shock, pain and suffering, loss of amenities and disfigurement,
yet again, discretion has been left to the Court.
17. After appreciation of the submissions made by counsels for the
parties, as also the findings of Joint Registrar (Judicial) with respect to the
documentation, Court is of the view that, considering that expenditure on
treatment and expenditure on conveyance was not proved even on the basis
of any documentation, it would be the discretion of Court to award certain
amounts, if any, considering the nature of treatment that she had
undergone.
18. Moreover, with respect to the cost of artificial limb, since no witness
had been examined, there is no evidence in support, yet again this aspect
has been left to the discretion of Court. Therefore, it would be apposite for
the Court to consider her disability and the nature of the treatment that she
underwent in order to put these claims in context.
19. According to the Disability Certificate, appellant’s disability was
certified as 63% permanent physical disability in relation to left lower limb
and admittedly, a case of amputation. In that view of the matter,
compensation awarded by MACT is highly inadequate, particularly on the
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following counts, discussed below.
Pecuniary Losses
20. Considering that she was a home maker, minimum wages of an
unskilled worker were taken at Rs.7,254/-. However, loss of income was
only granted for 1 month, which is not commensurate with the treatment
that she underwent.
21. It has been stated by Ms. Singh , counsel for appellant/ Uma Rani ,
that she had to undergo knee prosthesis procedure which costed her around
Rs.2,20,000/- in the year 2013. On this basis, she referred to the discharge
summary issued by Jai Prakash Narayan Apex Trauma Centre ( AIIMS)
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dated 01 January 2013, which notes that the accident occurred on 02
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October 2012. She was admitted on 17 October 2012 and underwent
amputation surgery and further, subsequent procedures continued till
January 2013.
22. Therefore, this Court is inclined to accept the contention and claim
made by appellant/ Uma Rani and award the amounts claimed towards
expenditure on treatment and expenditure on conveyance .
23. Considering that no evidence was led with regard to expenditure of
special diet and nursing/attendant charges , this Court is not inclined to
enhance compensation on those counts.
Notional Income of a homemaker
24. As regards the issue whether for a homemaker, minimum wages of
an unskilled worker or a skilled worker ought to be considered, Ms. Singh ,
counsel for appellant/ Uma Rani placed reliance on the decision of a Three-
Judge Bench of the Supreme Court in Kirti & Ors. v. Oriental Insurance
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Co. Ltd. (2021) 2 SCC 166, where the issue concerned a claim filed by
three surviving defendants ( two minor daughters and father ) of the
deceased couple.
25. While awarding compensation, High Court adopted the lowest
minimum wage applicable for unskilled workers in Haryana, instead of
Delhi. Given a totality of circumstances and considering the contribution
of a housewife to the household, 25% additional gratuitous income was
added to her income.
26. Justice N.V. Ramana, J. ( as he then was ) in Kirti ( supra ) gave a
supplemental opinion with respect to the notional income of a housewife.
The Court noted that the case belonged to a category where income of a
non-earning victim, such as a child, student or a homemaker had to be
considered. Supreme Court noted that various factors must be taken into
account, for example, family background, quality of life, educational
qualifications etc.
27. Reliance was placed on a previous decision of the Supreme Court
in Lata Wadhwa v. State of Bihar (2001) 8 SCC 197, which had
considered the value of services rendered by housewives in managing the
family to be around Rs.3,000/- per month, in the absence of any data.
28. Further reliance was placed on the decision of Supreme Court in
Arun Kumar Agrawal v. National Insurance Company Ltd. (2010) 9
SCC 218, where the Supreme Court stated that it is not possible to quantify
any particular amount considering that a wife/mother does not work by the
clock, but some pecuniary estimate has to be made. The Court noted that
this decision had been followed in Rajendra Singh & Ors. v. National
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Insurance Company Ltd. SLP (C) No. 13964/2018, where notional
income of deceased housewife was considered at Rs. 5,000/- per month.
29. The Court then went on to make certain observations, which are
extracted as under:
“ 25. The sheer amount of time and effort that is
dedicated to household work by individuals, who are
more likely to be women than men, is not surprising
when one considers the plethora of activities a
housemaker undertakes. A housemaker often prepares
food for the entire family, manages the procurement of
groceries and other household shopping needs, cleans
and manages the house and its surroundings,
undertakes decoration, repairs and maintenance work,
looks after the needs of the children and any aged
member of the household, manages budgets and so
much more. In rural households, they often also assist
in the sowing, harvesting and transplanting activities in
the field, apart from tending cattle [see Arun Kumar
Agrawal [Arun Kumar Agrawal v. National Insurance
Co. Ltd., (2010) 9 SCC 218 : (2010) 3 SCC (Civ) 664 :
(2010) 3 SCC (Cri) 1313] ; National Insurance Co.
Ltd. v. Deepika [National Insurance Co.
Ltd. v. Deepika, 2009 SCC OnLine Mad 828]. However,
despite all the above, the conception that housemakers
do not “work” or that they do not add economic value
to the household is a problematic idea that has persisted
for many years and must be overcome.
………
30. The issue of fixing notional income for a
homemaker, therefore, serves extremely important
functions. It is a recognition of the multitude of women
who are engaged in this activity, whether by choice or
as a result of social/cultural norms. It signals to society
at large that the law and the courts of the land believe
in the value of the labour, services and sacrifices of
homemakers. It is an acceptance of the idea that these
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activities contribute in a very real way to the economic
condition of the family, and the economy of the nation,
regardless of the fact that it may have been traditionally
excluded from economic analyses. It is a reflection of
changing attitudes and mindsets and of our
international law obligations. And, most importantly, it
is a step towards the constitutional vision of social
equality and ensuring dignity of life to all individuals.
31. Returning to the question of how such notional
income of a homemaker is to be calculated, there can be
no fixed approach. It is to be understood that in such
cases the attempt by the court is to fix an approximate
economic value for all the work that a homemaker does,
impossible though that task may be. Courts must keep in
mind the idea of awarding just compensation in such
cases, looking to the facts and circumstances. [See R.K.
Malik v. Kiran Pal [ See R.K. Malik v. Kiran Pal,
(2009) 14 SCC 1, para 9 : (2009) 5 SCC (Civ) 265 :
(2010) 1 SCC (Cri) 1265] .]
32. One method of computing the notional income of a
homemaker is by using the formula provided in the
Second Schedule to the Motor Vehicles Act, 1988, which
has now been omitted by the Motor Vehicles
(Amendment) Act, 2019. The Second Schedule provided
that the income of a spouse could be calculated as one-
third of the income of the earning surviving spouse. This
was the method ultimately adopted by the Court in Arun
Kumar Agrawal [Arun Kumar Agrawal v. National
Insurance Co. Ltd., (2010) 9 SCC 218 : (2010) 3 SCC
(Civ) 664 : (2010) 3 SCC (Cri) 1313] . However,
rationale behind fixing the ratio as one-third is not very
clear. [See Arun Kumar Agrawal [Arun Kumar
Agrawal v. National Insurance Co. Ltd., (2010) 9 SCC
218 : (2010) 3 SCC (Civ) 664 : (2010) 3 SCC (Cri)
1313]”
(emphasis added)
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30. The Court also noted decision of the Division Bench of Madras
High Court in National Insurance Company Ltd. v. Deepika 2009 SCC
OnLine Mad 828, where the Court held as under:
“10. The Second Schedule to the Motor Vehicles Act
gives a value to the compensation payable in respect of
those who had no income prior to the accident and for a
spouse, it says that one-third of the income of the
earning surviving spouse should be the value.
Exploration on the internet shows that there have been
efforts to understand the value of a homemaker's unpaid
labour by different methods. One is, the opportunity cost
which evaluates her wages by assessing what she would
have earned had she not remained at home viz. the
opportunity lost. The second is, the partnership method
which assumes that a marriage is an equal economic
partnership and in this method, the homemaker's salary
is valued at half her husband's salary. Yet another
method is to evaluate homemaking by determining how
much it would cost to replace the homemaker with paid
workers. This is called the replacement method.”
(emphasis added)
31. Thereafter, certain observations were made by the Court which are
extracted as under:
“ 34. However, it must be remembered that all the above
methods are merely suggestions. There can be no exact
calculation or formula that can magically ascertain the
true value provided by an individual gratuitously for
those that they are near and dear to. The attempt of the
court in such matters should therefore be towards
determining, in the best manner possible, the truest
approximation of the value added by a homemaker for
the purpose of granting monetary compensation.
35. Whichever method a court ultimately chooses to
value the activities of a homemaker, would ultimately
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depend on the facts and circumstances of the case. The
court needs to keep in mind its duty to award just
compensation, neither assessing the same
conservatively, nor so liberally as to make it a bounty to
claimants [National Insurance Co. Ltd. v. Pranay
Sethi [National Insurance Co. Ltd. v. Pranay Sethi,
(2017) 16 SCC 680 : (2018) 3 SCC (Civ) 248 : (2018) 2
SCC (Cri) 205] ; Kajal v. Jagdish
Chand [Kajal v. Jagdish Chand, (2020) 4 SCC 413 :
(2020) 3 SCC (Civ) 27 : (2020) 2 SCC (Cri) 577].”
(emphasis added)
32. Further, on the issue of applying future prospects, the Court held as
under:
“ 40. When it comes to the second category of cases,
relating to notional income for non-earning victims, it is
my opinion that the above principle applies with equal
vigour, particularly with respect to homemakers. Once
notional income is determined, the effects of inflation
would equally apply. Further, no one would ever say
that the improvements in skills that come with
experience do not take place in the domain of work
within the household. It is worth noting that, although
not extensively discussed, this Court has been granting
future prospects even in cases pertaining to notional
income, as has been highlighted by my learned Brother,
Surya Kant, J., in his opinion (Hem Raj v. Oriental
Insurance Co. Ltd. [Hem Raj v. Oriental Insurance Co.
Ltd., (2018) 15 SCC 654 : (2019) 1 SCC (Civ) 293 :
(2019) 2 SCC (Cri) 864] ; Sunita Tokas v. New India
Insurance Co. Ltd. [Sunita Tokas v. New India
Insurance Co. Ltd., (2019) 20 SCC 688 : (2020) 4 SCC
(Cri) 436].”
(emphasis added)
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33. Lastly, the Supreme Court culled out the observations and
summarized them as under:
“ 41. Therefore, on the basis of the above, certain
general observations can be made regarding the issue
of calculation of notional income for homemakers and
the grant of future prospects with respect to them, for
the purposes of grant of compensation which can be
summarised as follows:
41.1. Grant of compensation, on a pecuniary basis,
with respect to a homemaker, is a settled
proposition of law.
41.2. Taking into account the gendered nature of
housework, with an overwhelming percentage of
women being engaged in the same as compared to
men, the fixing of notional income of a homemaker
attains special significance. It becomes a
recognition of the work, labour and sacrifices of
homemakers and a reflection of changing attitudes.
It is also in furtherance of our nation's
international law obligations and our
constitutional vision of social equality and
ensuring dignity to all.
41.3. Various methods can be employed by the
court to fix the notional income of a homemaker,
depending on the facts and circumstances of the
case.
41.4. The court should ensure while choosing the
method, and fixing the notional income, that the
same is just in the facts and circumstances of the
particular case, neither assessing the
compensation too conservatively, nor too liberally.
41.5. The granting of future prospects, on the
notional income calculated in such cases, is a
component of just compensation.”
(emphasis added)
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34. Reliance may also be placed upon a decision by the Coordinate
Bench of this Court in Oriental Insurance Co. Ltd. v. Dalbir Singh
2025:DHC:917, where this Court was considering the issue of notional
income of a deceased housewife, who was rendering gratuitous service to
the family. The Court traversed through various decisions inter alia Lata
Wadhwa ( supra ), Arun Kumar Agrawal ( supra ), Kirti ( supra ), Rajendra
Singh ( supra ) and the decision in Arvind Kumar Pandey & Ors. v. Girish
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Pandey , Civil Appeal No. 2515/2024 decided on 16 February 2024,
which noted that “ direct or indirect income of a homemaker cannot be less
than the prevailing minimum wages of the State at the time of the
accident ”.
35. The Court, therefore, held that there was extensive contribution of
the deceased in the household and with there being no evidence, regarding
educational qualifications, minimum wages of a skilled worker were taken
and future prospects were applied.
36. Reliance may also be placed upon decision of a Coordinate Bench
of this Court in Royal Sundaram Alliance Insurance Co. Ltd. v. Master
Manmeet Singh 2012:DHC:615 where the Court was ascertaining the
value of services rendered by a homemaker to calculate loss of
dependency. Reliance was placed upon decisions in Arun Kumar Agrawal
( supra ), Deepika ( supra ), Lata Wadhwa ( supra ) and noted as under:
“23. Thus, the value of services rendered by a home
maker should be taken as the minimum salary of a non-
matriculate, matriculate or a Graduate, (in the absence
of any evidence to the contrary). In case of a young
mother and a wife there should be an addition of 25% of
the minimum salary/wages as per the educational
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qualification i.e. Graduate, matriculate or non
matriculate. There should be addition of 15% in the
case of a middle aged mother and a wife and ‘NIL’ in
case of a wife and a mother beyond the age of 50 years
as the children become independent by that time. The
value of gratuitous services rendered should be
gradually reduced after the age of 55 years, even though
mothers take care of their children (irrespective of their
ages) and even when they (the children) are married.
……
34. (v) When the deceased home maker is above 55
years but less than 60 years; there will be deduction of
25%; and when the deceased home maker is above 60
years there will be deduction of 50% in the assumed
income as the services rendered decrease substantially.
Normally, the value of gratuitous services rendered will
be NIL (unless there is evidence to the contrary) when
the home maker is above 65 years.”
(emphasis added)
37. While, domestic unpaid work performed by housewives has not
been defined, United Nations (‘ UN ’) Women defines unpaid care work as,
“ daily labour that keeps households, families, and communities running –
work that is mostly done by women and girls without pay. It includes
raising children, caring for older or sick relatives, and supporting a
person with disabilities, as well as cleaning, cooking, washing and
collecting water or fuel. It also includes organizing schedules and
anticipating household or community needs – often called the “mental
load”, unpaid care work is the invisible force that holds households and
communities together .”
38. The International Labour Organization (‘ ILO ’), ILOSTAT, noted
that, if unpaid domestic and care work is given an equivalent monetary
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value, it would exceed 40% of GDP in some countries. In a report titled,
‘ Participation of Women in Specified Activities along with Domestic
Duties ’ published in September 2014 by National Sample Survey Office,
Ministry of Statistics and Programme Implementation, females engaged in
domestic work as a primary status were categorized in codes 92 (attended
domestic duties only) and 93 (attended domestic duties and were also
engaged in free collection of goods, sewing, tailoring, weaving, etc. for
household use) , thereby, rendering them as not forming a part of the labour
force.
39. Another staggering statistic which points out the difficulty in
estimating the pecuniary nature of the work performed by women while
engaging in unpaid labour was noted in a Policy Brief published in Indian
Council for Research on International Economic Relations (‘ ICRIER ’),
titled, “ The Care Economy: A Case for Expanding the Role of the Private
Sector ,” by Shabana Mitra & Anjhana Ramesh in 2025, which noted as
under:
“In India, women’s unpaid labour amounts to a
staggering 22.7 lakh crore rupees (Rural: Rs 14.7 lakh
crore and Urban: Rs 8.0 lakh crore). This is about 7.5%
of India’s GDP. If the time spent on unpaid care work
across the world was valued based on an hourly
minimum wage, it would amount to 9% of global the
GDP, which corresponds to USD 11 trillion…”
(emphasis added)
40. In view of the above discussion, this Court is conscious that
domestic work performed by a housewife goes unrecognized in terms of
monetizing or calculating her income. While there is no straitjacket
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formula, Courts have emphasized the need for assessing the position held
by a housewife in her family and the duties performed by her in order to
assess the loss suffered by the family. Courts must exercise a balance while
taking into account the unsaid roles performed by her, without deviating
from the principles of just compensation prescribed in the Motor Vehicles
Act, 1988 (‘ MV Act ’).
41. The discussion on calculating notional income of a homemaker and
the contribution made by her in the household has recently been
recognized by the Supreme Court in its decision in Shishu Pal v. Surjeet,
2026 SCC OnLine SC 1114, rendered on 11th June 2026 (after the present
matter had been finally heard and reserved for judgment), the Supreme
Court considered additional compensation to be granted in cases involving
the death of a homemaker. The issue before the Court was regarding
quantification/monetization of a homemaker’s contribution to her family,
in particular, and therefore, to the nation, at large. The Supreme Court
rendered a detailed opinion on inadequacy in assessing the contribution of
a homemaker and its translation into compensation for the claimants.
Relevant observations of the Court are extracted as under for ease of
reference:
“ 16. That being said, even when it comes to computation
for damages under non-pecuniary heads, the loss still
does require the recognition of such heads before
compensation can be awarded. The first of them being
the loss of the homemaker's dexterous ability to manage
all the chores of the household. Granted, that in the
increasingly modern urban centres of the country it may
not be the case that a homemaker stands in front of the
gas stove bright and early in the morning or late at night
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or even that she walks around, slouched, running the
broom throughout the house, but, the fact of the matter
is that in smaller cities, towns and villages, even today,
such tasks assumedly and invariably fall on
the homemaker, without as much as a second thought.
The second head pertain to the children of the house.
They have lost their mother, the source of never-ending
love, comfort and affection, the person who they could
run to with all their problems, questions and concerns
and heartbreaks. She is also their first point of contact
with the ways of the world, silently and subtly teaching
them skills of survival, perseverance and excellence
shaping them into well rounded human beings capable
of being functioning contributors to the economy of the
nation. This, in our view, is somewhat different from
emotional support or dependence for primary skills
necessary for everyday functioning that are imbibed by
the children from their mother. This has a distinctly
economic angle while also being partly an emotional
aspect perfectly fitting into the non-categorizable roles
played by homemaker. How does one calculate this?
The third is equally troubling. A husband has, no longer,
the support of his life partner, someone he depends on
entirely to run smoothly, an entire part of his life, his
home, family, children, relatives. Even in conservative
settings where patriarchy looms large, the sense of
dependency that obtains, if taken away, greatly
challenges the man for he is now directionless and
suddenly responsible for a lot more than he is used to.
When the efforts of the homemaker towards the husband
and children are taken on the whole it cannot be
disputed that although her labour be at emotional or
physical is within the four walls of the home, its impact
is much wider. In enabling the direct contribution today
of their husbands and tomorrow of their children, they
are the building blocks for the nation's road to holistic
progress. [See: Kalukutty v. P.M.
John, Bhuvaneswari v. Mani] We may also observe that
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in a recent order of this Court in Arvind Kumar
Pandey v. Girish Pandey, also made similar
observations to the following effect:
“ 7. 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 homemaker, if counted one by one, there will
hardly be any doubt that the contribution of a
homemaker is of a high order and invaluable. In
fact, it is difficult to assess such a contribution in
monetary terms.”
Any computation made as a result of injury suffered or
death, should be aware of this larger role and not be
myopic in its view.
The loss of a homemaker however is not limited to
husband and children. It also directly impacts the
women's own parents who have been deprived of the
love and company of their child, who have lost the
support and comfort of this person and are left alone
with this boundless grief. Still further, the loss is acutely
felt by her in-laws who are more often than not members
of the same household and therefore are dependent on
the love, labour and dedication of this person, for food
for medicines and doctor's visit or for even the regular
company over a morning tea. Strict arithmetic
calculation does not lend its services to any of these
scenarios.”
(emphasis added)
42. The Supreme Court introduced a new head of compensation being,
‘ loss of domestic care ’, providing that in cases where the homemaker has
no income in monetary terms, compensation under this head would be
treated as the monthly income. This additional head of ‘ loss of domestic
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care ’ is distinct from ‘ loss of consortium ’ and is to be considered as a
composite amount comprising three major heads:
(i) homemaker’s contribution towards smooth functioning of the
household;
(ii) loss of maternal support for children;
(iii) loss of spousal support; or support for parents of the deceased.
It was stated that this composite sum of Rs. 30,000/- shall be granted
“ provided that all three of these heads are met in the given case ” and that
the said amount shall be revised by 10% cumulative, every three years.
43. However, in view of the fact that it has not been clarified by the
Supreme Court whether the above finding shall be applicable in both death
and injury cases and considering that the claimant in the present case had
suffered injuries, the above decision shall not be strictly applicable in the
case at hand, but principles enunciated inform the decision of this Court as
discussed below.
The Present Case
44. Since no documentary proof of matriculation or graduation has been
filed by appellant/ Uma Rani , it would be apposite to place reliance on the
decision of this Court in Savita & Ors. v. National Insurance Co. Ltd.,
2026:DHC:3626, where the Court had culled out the principles for
assessment of minimum wages in scenarios where there is no documentary
proof of income. It was observed that minimum wages should be used as
a yardstick and the Courts should not be constrained to consider wages
from the lowest tier.
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45. In any case, there is no hard and fast rule about adopting notional
income for a homemaker, considering that the value of services provided
by her to a household cannot be quantified, therefore, minimum wages of
a skilled worker at Rs.8,814/- ought to be taken, applying the principles
enunciated in decisions discussed in paragraph nos.24-36 above, but
taking into account the higher standard propounded by the Supreme Court
Shishu Pal ( supra ), notwithstanding it is an injury case, the Court is
inclined to consider the notional income ( including elements of loss of
domestic care ) at Rs.10,000/-. This would accommodate some elements
of what has been positively asserted by the Supreme Court on contribution
of a homemaker to a household.
46. Appellant/ Uma Rani suffered permanent disability of 63% in
relation to left lower limb and consequently had to undergo an amputation
one month after the accident as noted in the discharge summary of Trauma
st
Centre (AIIMS) dated 01 January 2013; it seems likely that
appellant/ Uma Rani was undergoing treatment, from October 2012 till
January 2013, which would involve being in the hospital for a minimum
of four months. Considering that she would have required further two
months to recover, this Court is inclined to consider loss of income for six
months.
47. As far as the awarding future prospects , considering that
appellant/ Uma Rani was 68 years of age at time of accident, in view of the
principles enunciated in National Insurance Co. Ltd. v. Pranay Sethi ,
(2017) 16 SCC 680 where Supreme Court categorically noted that future
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prospects are not granted above 60 years of age, accordingly, this Court is
not inclined to grant future prospects .
48. An appropriate multiplier of ‘5’ shall be taken, in view of the
decision in Sarla Verma v. DTC , (2009) 6 SCC 121.
49. As regards determining her functional disability , reliance may be
placed upon the decision in Raj Kumar v. Ajay Kumar (2011) 1 SCC 343,
where the Supreme Court held that the Tribunal must assess not merely
the extent of permanent disability but its actual impact on the claimant’s
earning capacity, which may differ from the medical percentage of
disability. This requires evaluating the claimant’s pre-accident vocation,
the functions affected, and whether livelihood can still be earned despite
the disability. The Court emphasised that disability and loss of earning
capacity are distinct concepts, except in cases where evidence shows they
coincide. Relevant paragraphs are extracted as under:
“ 11. What requires to be assessed by the Tribunal is the
effect of the permanent disability on the earning
capacity of the injured; and after assessing the loss of
earning capacity in terms of a percentage of the income,
it has to be quantified in terms of money, to arrive at the
future loss of earnings (by applying the standard
multiplier method used to determine loss of
dependency). We may however note that in some cases,
on appreciation of evidence and assessment, the
Tribunal may find that the percentage of loss of earning
capacity as a result of the permanent disability, is
approximately the same as the percentage of permanent
disability in which case, of course, the Tribunal will
adopt the said percentage for determination of
compensation. (See for example, the decisions of this
Court in Arvind Kumar Mishra v. New India Assurance
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Co. Ltd. [(2010) 10 SCC 254 : (2010) 3 SCC (Cri) 1258
: (2010) 10 Scale 298] and Yadava Kumar v. National
Insurance Co. Ltd. [(2010) 10 SCC 341 : (2010) 3 SCC
(Cri) 1285 : (2010) 8 Scale 567] )
12. Therefore, the Tribunal has to first decide whether
there is any permanent disability and, if so, the extent of
such permanent disability. This means that the Tribunal
should consider and decide with reference to the
evidence:
(i) whether the disablement is permanent or
temporary;
(ii) if the disablement is permanent, whether it is
permanent total disablement or permanent partial
disablement;
(iii) if the disablement percentage is expressed with
reference to any specific limb, then the effect of such
disablement of the limb on the functioning of the
entire body, that is, the permanent disability suffered
by the person.
If the Tribunal concludes that there is no permanent
disability then there is no question of proceeding further
and determining the loss of future earning capacity. But
if the Tribunal concludes that there is permanent
disability then it will proceed to ascertain its extent.
After the Tribunal ascertains the actual extent of
permanent disability of the claimant based on the
medical evidence, it has to determine whether such
permanent disability has affected or will affect his
earning capacity.
13. Ascertainment of the effect of the permanent
disability on the actual earning capacity involves three
steps. The Tribunal has to first ascertain what activities
the claimant could carry on in spite of the permanent
disability and what he could not do as a result of the
permanent disability (this is also relevant for awarding
compensation under the head of loss of amenities of life).
The second step is to ascertain his avocation, profession
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and nature of work before the accident, as also his age.
The third step is to find out whether (i) the claimant is
totally disabled from earning any kind of livelihood, or
(ii) whether in spite of the permanent disability, the
claimant could still effectively carry on the activities and
functions, which he was earlier carrying on, or (iii)
whether he was prevented or restricted from discharging
his previous activities and functions, but could carry on
some other or lesser scale of activities and functions so
that he continues to earn or can continue to earn his
livelihood. ”
(emphasis added)
50. Therefore, considering that appellant/ Uma Rani had suffered 63%
permanent physical disability in relation to left lower limb and had also
undergone a below knee amputation, this Court is inclined to consider her
functional disability at 50%.
51. It was further stated by Ms. Singh , counsel for appellant/ Uma Rani
that a prosthesis was taken at Rs.23,200/-, for which a claim had been
made but was not settled, therefore, she has not been provided any amount
on that account.
52. Considering the circumstances, that no proof has been provided for
purchase of prosthetic but she is admittedly a care of amputation, an
amount of Rs.1,00,000/- is granted on account of artificial limb and its
maintenance in order to give her some recompense for expenses.
Non-pecuniary losses
53. As regards non-pecuniary losses , reliance may be placed on the
decision of Supreme Court in K.S. Muralidhar v. R. Subbulakshmi and
Anr. 2024 SCC Online SC 3385, where the Supreme Court observed that
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“ pain and suffering ” cannot be captured by any fixed definition, drawing
on legal, medical, and philosophical sources to emphasise its deeply
subjective and life-altering nature. It recognised that translating such
profound human loss into money is an inherently artificial exercise, yet
courts must ensure fairness, consistency, and sensitivity to the victim’s
lifelong deprivation. The Court stressed that in cases of severe or 100%
disability, compensation must meaningfully reflect the permanent rupture
in the victim’s physical, emotional, and existential well-being. Relevant
paragraphs are extracted as under:
“ 13. While acknowledging that ‘pain and suffering’, as
a concept escapes definition, we may only refer to
certain authorities, scholarly as also judicial wherein
attempts have been made to set down the contours
thereof.
13.1 The entry recording the term ‘pain and
suffering’ in P. Ramanatha Iyer's Advanced Law
Lexicon reads as under:—
“ Pain and suffering. The term ‘Pain and
suffering’ mean physical discomfort and
distress and include mental and emotional
trauma for which damages can be recovered
in an accident claim.
This expression has become almost a term of
art, used without making fine distinction
between pain and suffering. Pain and
suffering which a person undergoes cannot be
measured in terms of money by any
mathematical calculation. Hence the Court
awards a sum which is in the nature of a
conventional award [Mediana, The, [1900]
A.C. 113, 116]”
…
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13.5 In determining non-pecuniary damages, the
artificial nature of computing compensation has
been highlighted in Heil v. Rankin, as referred to
in Attorney General of St. Helenav. AB as under:—
“ 23. This principle of ‘full compensation’
applies to pecuniary and non-pecuniary
damage alike. But, as Dickson J indicated in
the passage cited from his judgment
in Andrews v. Grand & Toy Alberta Ltd., 83
DLR (3d) 452, 475-476, this statement
immediately raises a problem in a situation
where what is in issue is what the appropriate
level of ‘full compensation’ for non-pecuniary
injury is when the compensation has to be
expressed in pecuniary terms. There is no
simple formula for converting the pain and
suffering, the loss of function, the loss of
amenity and disability which an injured
person has sustained, into monetary terms.
Any process of conversion must be essentially
artificial. Lord Pearce expressed it well in H
West & Son Ltd. v. Shephard, [1964] A.C.
326 when he said:
‘The court has to perform the difficult
and artificial task of converting into
monetary damages the physical injury
and deprivation and pain and to give
judgment for what it considers to be a
reasonable sum. It does not look beyond
the judgment to the spending of the
damages.’
24 . The last part of this statement is
undoubtedly right. The injured person may
not even be in a position to enjoy the damages
he receives because of the injury which he has
sustained. Lord Clyde recognised this
in Wells v. Wells, [1999] A.C. 345, 394H
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when he said:‘One clear principle is that what
the successful plaintiff will in the event
actually do with the award is irrelevant.”
…
14. In respect of ‘pain and suffering’ in cases where
disability suffered is at 100%, we may notice a few
decisions of this Court:—
14.1 In R.D Hattangadi v. Pest Control (India) (P)
Ltd. It was observed:
“ 17. The claim under Sl. No. 16 for ‘pain and
suffering’ and for loss of amenities of life
under Sl. No. 17, are claims for non-
pecuniary loss. The appellant has claimed
lump sum amount of Rs. 3,00,000 each under
the two heads. The High Court has allowed
Rs. 1,00,000 against the claims of Rs.
6,00,000. When compensation is to be
awarded for ‘pain and suffering’ and loss of
amenity of life, the special circumstances of
the claimant have to be taken into account
including his age, the unusual deprivation he
has suffered, the effect thereof on his future
life. The amount of compensation for non-
pecuniary loss is not easy to determine but the
award must reflect that different
circumstances have been taken into
consideration. According to us, as the
appellant was an advocate having good
practice in different courts and as because of
the accident he has been crippled and can
move only on wheelchair, the High Court
should have allowed an amount of Rs.
1,50,000 in respect of claim for ‘pain and
suffering’ and Rs. 1,50,000 in respect of loss
of amenities of life. We direct payment of Rs.
3,00,000 (Rupees three lakhs only) against
the claim of Rs. 6,00,000 under the heads
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“‘pain and suffering’” and “Loss of
amenities of life”.
14.2 This Judgment was recently referred to by this
Court in Sidram v. United India Insurance
Company Ltd reference was also made
to Karnataka SRTC v. Mahadeva
Shetty (irrespective of the percentage of disability
incurred, the observations are instructive),
wherein it was observed:
“ 18. A person not only suffers injuries on
account of accident but also suffers in mind
and body on account of the accident through
out his life and a feeling is developed that his
no more a normal man and cannot enjoy the
amenities of life as another normal person
can. While fixing compensation for pain and
suffering as also for loss of amenities,
features like his age, marital status and
unusual deprivation he has undertaken in his
life have to be reckoned…”
(emphasis added)
54. Therefore, compensation towards mental and physical shock and
pain and suffering is increased to Rs.2,00,000/- each.
55. Accordingly, the revised computation is as under:
Sr.
No.
Heads Awarded by the
Awarded by
Tribunal
this Court
PECUNIARY LOSS
1 Expenditure on treatment (A) Rs. 5,000/- Rs. 56,396/-
2 Expenditure on conveyance
(B)
Rs. 10,000/- Rs. 25,000/-
3 Expenditure on special diet
(C)
Rs. 10,000/- Rs. 10,000/-
4 Income of injured (D) Rs.7,254/-
Rs. 10,000/-
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5 Multiplier (E) Nil 5
6 Functional disability (F) Nil 50%
7 Loss of income (G)
[Rs.10,000/- x 6]
Rs. 7,254/- Rs. 60,000/-
8 Loss of future income/future
earnings [(D x 12 x E x F] =
(H)
Nil Rs. 3,00,000/-
NON-PECUNIARY LOSS
9 Artificial limb/prosthetic and
maintenance (I)
Nil Rs. 1,00,000/-
10 Mental and physical shock (J) Rs. 30,000/- Rs. 2,00,000/-
11 Pain and suffering (K) Rs. 50,000/- Rs. 2,00,000/-
12 Total compensation (A + B +
C + G + H + I + J+ K) = L
Rs. 1,12,254/- Rs. 9,51,396/-
13 Interest awarded 9% 9%
Directions
56. For the aforesaid reasons, compensation has been enhanced by
Rs.8,39,142/- [“ enhanced amount ”].
57. Enhanced amount along with 9% interest per annum from the date
of filing the petition shall be deposited before MACT within a period of
four weeks. It is directed that a lump sum amount of Rs. 2,50,000/- shall
be released to appellant/ Uma Rani from the deposit of enhanced amount
within a period of two weeks thereafter. Remaining enhanced amount,
along with accrued interest, shall be kept in Fixed Deposit Receipts
( FDRs ) of Rs. 25,000/- each for periods of 1 month, 2 months, 3 months
and so on, in succession as maybe calculated. Interest accruing on said
FDRs shall be credited to the designated Savings Bank Account of
appellant/ Uma Rani . The amount of FDRs on maturity would be released
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to the Savings Bank Account of claimant upon due verification.
58. Original compensation awarded by the MACT shall continue to be
released as per scheme of the MACT.
59. The appeal is accordingly disposed of in the above terms.
60. Pending applications, if any, are rendered infructuous.
61. Copy of this judgement be sent to concerned MACT.
62. Copy of this judgement shall also be sent to concerned bank.
63. Judgment be uploaded on the website of this Court.
ANISH DAYAL
(JUDGE)
JULY 1, 2026/ mk / sp
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