Injured in a Road Accident at 74? Delhi High Court Says Age Cannot Wipe Out a Homemaker’s Compensation

What happened?

According to reports in Bar and Bench, Verdictum and Court Book, a woman was boarding a bus at the Samaspur bus stand in Pandav Nagar, Delhi, on 19 February 2019. She was 74.

The rear wheels of the bus ran over both her legs. Her left leg had to be cut below the knee. She also lost all the toes of her right foot.

Doctors put her permanent disability at 74%. She lived in a joint family and looked after her grandchildren.

She went to the Motor Accident Claims Tribunal (a special court for accident compensation) at Karkardooma Courts. In December 2023 it gave her Rs 14.42 lakh.

Why did she go to the High Court?

The Tribunal gave her nothing for loss of income or future income. Its reason, as reported, was that a woman of 74 could not be presumed to do household services.

She appealed to the Delhi High Court. The insurance company argued for a lower value and a life expectancy of 72 years.

What did the High Court decide?

Justice Anish Dayal rejected the Tribunal’s thinking. As reported, the court said compensation must not rest on the idea that people stop contributing as they grow old.

Women over 70, it noted, still cook, run the home and look after grandchildren. Older people also give help at home, not just receive it.

The court said the lack of a salary cannot help the person who caused the harm. In its words, “the absence of a monetary consideration cannot operate to the advantage of the tortfeasor” (the wrongdoer).

It also said the 70-year life span cannot be applied word for word to a person who has already crossed it.

How was the new amount worked out?

As reported, the court used these figures:

• Monthly income of a homemaker: Rs 16,962, the Delhi minimum wage for a skilled worker when the accident happened.
• Loss of working ability: 50%. This is lower than her 74% body disability, because of her age.
• Multiplier: 5. This is the number of years of lost income the court counted. No extra amount for future growth was added.
• Artificial limb: Rs 1.30 lakh, plus Rs 75,000 to look after it.
• Attendant (a helper to care for her): raised to Rs 5 lakh.
• Pain and suffering: Rs 1 lakh.

The total came to Rs 20,79,307, which is Rs 6,37,307 more than before. Interest of 7.5% a year runs from the date the claim was filed.

Did the court say how the money is paid?

Yes. As reported, Rs 1,37,307 is to be released to her within two weeks of the deposit. The rest goes into fixed deposits of Rs 30,000 each, to be paid out in stages.

The money for the artificial limb is to be deposited within six weeks. It will be released against proper bills.

Why does this matter to ordinary families?

Many accident victims are retired or run the home. They have no pay slip. Insurers often argue that such a person has no income to lose.

This ruling says a homemaker’s work has real money value. It also says age alone is not a reason to give zero.

It is one judge’s decision in one case. It does not bind every tribunal automatically. But a family can point to it when the other side argues the same way.

Also read | Kept in jail after bail? Calcutta High Court awards compensation

What happens next?

The insurance company must pay as the High Court directed. If it is unhappy, it can try to challenge the order in a higher court.

For other families, the same steps apply: file the claim, prove the injury and the loss, and argue for a fair figure.