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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