‘Homemakers render valuable services’: Court orders Rs 8.66 lakh payout to parents-in-law over woman’s accidental death

Justice Yashvir Singh Rathore reaffirmed that parents-in-law can claim compensation for the death of their daughter-in-law as legal representatives and dependents.

The high court was hearing two appeals filed by the elderly couple seeking enhancement of compensation awarded for their son’s death and challenging the rejection of their claim relating to the death of their daughter-in-law in the same accident. 

‘Daughter-in-law contributed as homemaker’

• The court held that parents-in-law can maintain a compensation claim for the death of their daughter-in-law as legal representatives and dependents, relying on settled Supreme Court precedents.
• The high court noted that both victims were around 24–25 years of age, as reflected in the post-mortem reports, and therefore 40 per cent future prospects had to be added while calculating compensation.
• The court further held that a multiplier of 18 was applicable considering their age at the time of death.
• In the case of Balwinder Singh, the court awarded Rs 70,000 to his mother under conventional heads, including loss of consortium, loss of estate and funeral expenses, besides Rs 40,000 to his father towards filial consortium.
• Concerning Shobha Rani, the court observed that her contribution as a homemaker could not be ignored merely because she did not have a salaried occupation. 
• It held that she must be treated as a homemaker rendering valuable gratuitous services to the household and her family members, including her parents-in-law. 

Lost son, daughter-in-law in 2000 accident 

The case arose from a road accident that occurred on February 1, 2000, in which Balwinder Singh and his wife, Shobha Rani, lost their lives after a truck allegedly driven rashly and negligently struck them. 

Following the accident, separate compensation claims were filed before the Motor Accident Claims Tribunal (MACT), Karnal. While Balwinder Singh’s parents sought compensation for the loss of their son, they also filed a separate claim seeking compensation for the death of their daughter-in-law, Shobha Rani.

In October 2002, the tribunal awarded compensation of Rs 1.38 lakh for Balwinder Singh’s death but dismissed the claim relating to Shobha Rani, holding that her parents-in-law were neither her legal representatives nor dependents and therefore could not seek compensation. 

Challenging this finding, the elderly couple approached the Punjab and Haryana High Court, arguing that both their son and daughter-in-law had died in the same accident and that they had lost the benefit of the services and support rendered by Shobha Rani as a homemaker.

Arguments 

Appearing for the elderly couple, advocate Sutikshan Sharma argued that the tribunal committed grave error while denying compensation to them on the ground that they are neither legal representatives of their daughter-in-law nor were they dependent upon her. 

It was further contended that the term “legal representative” has been interpreted by the Supreme Court, which includes even a person who intermeddles with the estate of the victim and though not necessarily a legal heir.

It was contended that the son of the claimants had also died in the same accident along with his wife, who was their daughter-in-law and the claimants being parents-in-law are thus entitled to compensation on account of the death of their daughter-in-law. 

On the contrary, representing the insurance company, advocate Pratula Sethi argued that the parents-in-law cannot be treated as the legal representatives or dependents upon their late daughter-in-law and the claim petition filed by them has thus rightly been dismissed.

It was added that they are not entitled to any compensation and the counsel prayed that the appeal in hand be dismissed.