Laws laid down by supreme court
The widow of a deceased in a motor accident will be entitle for receiving compensation even after remarriage
The Bombay High Court :
The widow of a deceased in a motor accident will be entitle for receiving compensation even
after remarriage
Justice SG Dige observed that
remarriage cannot be a taboo against motor accident compensation –
“One cannot expect that for getting compensation of deceased husband,
the widow has to remain widow for life time or till getting compensation.
Considering her age, and at the time of accident, she was wife of deceased, is
sufficient ground that she is entitled for the compensation. Moreover after
death of husband remarriage can not be a taboo to get a compensation.”
The Motor Accident Claims Tribunal awarded
compensation to his wife and two family members. Therefore, the insurance
company approached the High Court against the tribunal’s judgement.
·
The
insurance company contended that the widow of the deceased is not entitled to
compensation as she remarried after his death.
·
That the
permit to ply the offending rickshaw was only for Thane District but the incident
happened outside Thane. Therefore, the driver violated the terms and conditions
of the permit.
Replying to the contention of Insurance company
Court noted -
That at the time of accident, the wife of the deceased was only
19 years old. She remarried during the pendency of the claim petition.The court
said that a widow cannot be expected to remain a widow for life or till getting
compensation
The court also said on second point said that there is a difference between breach of terms of insurance policy and breach of terms of permit issued by RTO authority. The court added that though the permit to ply was for Thane District, it does not preclude the driver to take the rickshaw outside
The court noted that all or any legal
representative of the deceased can seek compensation as per section 166 of the
Motor Vehicles Act. Thus, it was legal for the wife of the deceased to file an
application for compensation as she was his legal representative at the time of
the accident, the court said.
The
Iffco Tokio General Insurance Company Ltd V/s . Smt. Bhagyashri Ganesh Gaikwad
High
Court Of Bombay Civil Appellate Jurisdiction
First
Appeal No. 111 Of 2019
Decided
on 3rd March, 2023
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