The Delhi High Court has enhanced compensation awarded to Ganga Devi, a 74-year-old homemaker at the time of the accident, who suffered severe injuries resulting in the amputation of her left leg below the knee and all toes of her right foot. Justice Anish Dayal held that a person's advanced age cannot, by itself, justify overlooking the economic value of unpaid household work and caregiving. The Court increased the compensation from ₹14.42 lakh to ₹20.79 lakh, while also directing separate payments for an additional artificial limb and its maintenance.
Background
Ganga Devi was 74 years old when the accident occurred on February 19, 2019, near Samaspur bus stand in Pandav Nagar, Delhi. According to the judgment, she fell while attempting to board a bus, and its rear wheels crushed both her legs.
She suffered 74% permanent physical disability relating to her lower limbs, including amputation of her left leg below the knee and all toes of her right foot. The Motor Accident Claims Tribunal had awarded ₹14.42 lakh but declined to grant compensation for loss of income or future earnings, considering her age and the absence of evidence of employment.
Justice Anish Dayal disagreed with the approach of treating advanced age as a reason to deny the economic value of domestic services. The Court examined the role of older women in household management and caring for grandchildren, alongside established Supreme Court principles governing compensation for homemakers.
The judgment observed:
"The assessment of compensation should not be founded upon stereotypes or assumptions that a person ceases to contribute merely by reason of having attained an advanced age. The Court must remain cognizant of the prejudice that may operate against older persons and guard against such considerations influencing the assessment of compensation."
The Court further held that unpaid household work has identifiable economic value, even when no wages are paid for it.
"In view of the aforesaid discussion, and having regard to the nature of the services rendered by the claimant as a homemaker and taking into consideration that she is stated to taking care of the grandchildren, it would be appropriate to assess her notional income on the basis of the minimum wages prescribed for a skilled worker in Delhi as prevailing on the date of the accident, i.e., Rs. 16,962/- per month."
The Court assessed her functional disability at 50% for compensation purposes and applied a multiplier of five to calculate future loss of earnings.
The High Court enhanced the compensation to ₹20,79,307, an increase of ₹6,37,307, with interest at 7.5% per annum from the date of filing the claim petition. It also awarded ₹1.30 lakh for one additional prosthetic limb and ₹75,000 towards its maintenance, subject to the specified conditions.
The appeal was accordingly disposed of.
Case Details
- Case Title: Ganga Devi v. Rajesh Kumar & Ors.
- Case Number: MAC.APP. 224/2024
- Judge: Justice Anish Dayal
- Decision Date: October 12, 2026
