THE BEYOND OBITER LAW BLOG: Legal News

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For the first time, the Supreme Court has held that the loss of domestic care provided by a homemaker is a distinct and compensable head of damages in motor accident claims, fixing the notional value of such services at a minimum of ₹30,000 per month. 

While pronouncing the judgment in an appeal arising out of a motor accident claims, and emphasising the indispensable role played by homemakers, the Bench comprising of Justice Sanjay Karol and Justice NK Singh observed that their contribution extends far beyond household management and is integral to the development of families and society. Describing homemakers as "nation builders", the Bench held that the loss suffered by a family due to the death or incapacitation of a homemaker must receive independent recognition while determining compensation under the Motor Vehicles Act.

The Court clarified that "loss of domestic care" would constitute an additional head of damages, over and above those recognised by the Supreme Court in the landmark judgment of National Insurance Co. Ltd. v. Pranay Sethi.

Justice Karol remarked during the pronouncement that homemakers contribute to the growth of both individuals and the nation, adding that the Court hoped the term "homemaker" would increasingly be understood as synonymous with a nation builder. 

  "We are also of the view that the housewife contributes to the growth of the human being and the nation. The homemaker builds nation. So we have laid down the principles, and as a nation builder, we have housewife, we have quantified the amount that the loss of domestic care monthly income minimum in any event would be Rs. 30,000 per month."

The Bench also issued directions aimed at expediting motor accident compensation proceedings. Referring to Section 169 of the Motor Vehicles Act, which envisages a summary procedure before Motor Accident Claims Tribunals, the Court stressed the need for its implementation in both letter and spirit. The Bench further expressed the expectation that Chief Justices of all High Courts would monitor such proceedings to ensure timely adjudication and effective implementation of the principles laid down in the judgment.

Reframing the Role of Homemakers in Family and Society

The Supreme Court made significant observations on the role of women within marriage, emphasising that matrimony cannot be reduced to an arrangement where a wife alone bears the burden of household responsibilities. Observing that "marriage does not mean hiring a maid," the Court underscored that domestic duties are shared responsibilities of both spouses. It further held that a woman's personal aspirations and professional ambitions do not cease upon marriage and cannot be treated as acts of cruelty towards her husband or in-laws merely because she chooses to pursue a career while raising a family.

The Bench also highlighted the often-overlooked sacrifices made by homemakers, noting that women who dedicate their time and effort to managing households make substantial contributions to the well-being, stability and prosperity of their families. The Court stressed that such contributions deserve greater social and economic recognition, adding that homemakers should receive equal consideration in jointly acquired family assets in view of the years of unpaid labour and caregiving they provide.

Recognising the broader significance of domestic work, the Court observed that the value of unpaid household labour extends far beyond routine chores such as cooking and cleaning. Homemakers play a central role in raising children, nurturing values, supporting family members and shaping future generations. Their efforts contribute directly to human resource development and, consequently, to nation-building. 

The Court therefore reiterated that the economic value of domestic and caregiving work performed by homemakers cannot be ignored or underestimated.

Case Citation: Shishupal @ Shish Ram & Ors. v. Surjeet & Ors. (SLP(C) No. 33915/2025).