The Bombay High Court ruled that a widow’s remarriage will not prevent her from receiving compensation in a motor accident case. Justice SG Dige stated that remarriage cannot be considered a barrier to receiving compensation and that a widow cannot be expected to remain single for the rest of her life just to receive compensation.
The judge also noted that the widow’s age and status as the deceased’s wife at the time of the accident were enough justification for her entitlement to compensation.
The High Court dismissed an insurance company’s plea challenging the compensation awarded to the widow of a deceased person who was killed in a motor accident and had later remarried.
The deceased was a pillion rider on a motorcycle which was hit by an auto rickshaw on the Mumbai-Pune Highway. The tribunal awarded compensation to the widow and two family members, but the insurance company approached the High Court against the decision.
However, the Court upheld the tribunal’s ruling, stating that remarriage should not be a disqualification for receiving compensation, and the widow is entitled to it based on her age and her relationship with the deceased at the time of the accident.
The insurance company argued that compensation should not be granted to the deceased’s widow as she remarried after his death, and that the driver of the auto-rickshaw violated the terms and conditions of the permit.
The insurance company further argued that since the permit was only for the Thane District, taking the rickshaw outside of the district was a breach of the terms and conditions of the permit.
However, the court disagreed with the insurance company’s argument, stating that breach of the terms of the permit is different from breach of the terms of the insurance policy. The court also stated that the permit’s restriction to the Thane District did not prohibit the driver from taking the rickshaw outside the district.
Additionally, the insurance company failed to produce any witnesses to prove that taking the rickshaw outside the Thane District breached the permit’s terms, and that such a breach would constitute a breach of the insurance policy’s terms.
The court ruled that remarriage does not disentitle a widow of a deceased in a motor accident from receiving compensation.
The court dismissed the insurance company’s plea against the compensation awarded to the widow of the deceased who remarried after his death. The court held that a widow cannot be expected to remain a widow for life or until receiving compensation.
The court also noted that all legal representatives of the deceased can seek compensation as per section 166 of the Motor Vehicles Act, and the widow was the legal representative of her deceased husband at the time of the accident.
The court awarded an additional amount of Rs 80,000 to the claimants for funeral expenses, loss of love and affection, and consortium.
Source: https://www.livelaw.in/news-updates/bombay-high-court-motor-accident-compensation-widow-remarriage-225295
