Bengaluru: The high court has enhanced the compensation payable to a Bengaluru homemaker injured in a 2017 road accident to Rs 10 lakh, with 6% annual interest, observing that the services rendered by homemakers carry economic value and must be factored into compensation.Justice K Manmadha Rao awarded the enhanced amount to Hema Kulkarni, a resident of JP Nagar, who suffered a traumatic brain injury and other grievous injuries after being hit by a motorcycle while walking on the road in Feb 2017. She was hospitalised at Apollo Hospital for 11 days and underwent surgery and other medical procedures, besides being advised six months of rest.
While a Motor Accident Claims Tribunal (MACT) had earlier, in Jan 2019, awarded her Rs 6.9 lakh with 6% interest, Kulkarni approached the high court contending that the compensation was inadequate considering the nature of the injuries, surgery and prolonged recovery.The motorcycle insurer, New India Assurance Company Ltd, argued that it could not be held liable as the rider did not possess a valid driving licence at the time of the accident.Allowing the appeal in part, the court held that in view of the surgery and complicated medical treatment undergone by the claimant, the compensation warranted enhancement. Justice Rao also observed that homemakers are entitled to compensation for the multifarious services they render in managing households, in line with principles laid down by the Supreme Court.Though upholding the tribunal’s finding that the insurer was not directly liable due to the absence of a valid licence, the court invoked Section 149 of the Motor Vehicles Act and issued a pay-and-recovery order, directing the insurance company to first pay the compensation and then recover the amount from the vehicle owner, following the apex court’s ruling in the Pappu case.
