Supreme Court of India

Arun Kumar Agrawal and Another v. National Insurance Company and Others

Neutral citation
Reported as [2010] 9 S.C.R. 303
Bench G.S. Singhvi J.
Decided 22 July 2010

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What the Court ordered

For the reasons aforesaid, while agreeing with the views of brother Singhvi, J., I would humbly add, that time has come for the Parliament to have a rethinking for properly D assessing the value of homemakers and householders work and suitably amending the provisions of Motor Vehicles Act and other related laws for giving compensation when the victim is a woman and a homemaker.

Judgment, page 46

From the headnote

Motor Vehicles Act, 1988 - ss. 166 and 163A; Second Schedule Clause (6) - Fatal motor accident - Of non-earning mother/house-wife - Claim petition u/s. 166 - Compensation to her dependants - Criteria for determination - Held: The claimants are entitled to compensation - The services of non­ earning mother/house-wife cannot be compared with .that of a house-keeper/servant/employee, but monetary values should be put to the services rendered by them - Though s. 163A does not apply, in terms, to claim u/s. 166, yet in the absence of a definite criteria for determination of compensation payable to

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