Karnataka HC Enhances Road Accident Compensation for Injured Homemaker

The Karnataka High Court has enhanced the compensation awarded to a woman who suffered serious injuries and permanent disability in an October 2013 road accident, ruling that having high educational qualifications or prior work experience does not disqualify an individual from being recognised as a homemaker.

Justice Chillakur Sumalatha increased the total compensation by Rs 1,96,800 to Rs 6,52,043, carrying an annual interest rate of 6% with the exclusion of 114 days. The Motor Accident Claims Tribunal in Bengaluru had earlier awarded Rs 4,55,243 on March 13, 2018.

The injured woman, who was 25 at the time of the accident, holds a Master's degree in Biotechnology and had worked as a guest lecturer earning Rs 35,000 monthly between August 2012 and March 2013. The tribunal had initially declined to grant compensation for loss of future earnings because she was not employed when the accident took place. The Karnataka State Road Transport Corporation (KSRTC) had opposed the homemaker classification, arguing that her postgraduate degree precluded her from being treated as one.

Rejecting KSRTC's stance, the High Court observed that a woman does not cease to be a homemaker simply because of her qualifications, whether a degree, postgraduate degree, or doctorate. The court noted that even a working professional can be considered a homemaker if they provide care and look after family welfare, adding that the term is gender-neutral.

The High Court fixed her notional monthly income at Rs 8,000 using the Karnataka State Legal Services Authority benchmark. Retaining the tribunal's assessment of a 10% whole-body disability and applying a multiplier of 18, the court determined Rs 1,72,800 for permanent disability and Rs 24,000 for three months of lost household services.

The court also turned down KSRTC's request to deduct medical costs reimbursed by ICICI Lombard, establishing that medical insurance constitutes a contractual benefit rather than a statutory entitlement. KSRTC has been directed to deposit the enhanced compensation within eight weeks.