Motor Accident | Remarriage Not A Taboo Against Compensation To Widow Of Deceased: Bombay High Court

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 court dismissed an insurance company’s plea against award of compensation to widow of deceased in a motor accident who later remarried.

The deceased was a pillion rider on the motorcycle of one Sakharam Gaikwad. They were riding towards on the Mumbai-Pune Highway when an auto rickshaw crashed into the bike injuring both riders.

The deceased died while receiving treatment. 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. It also contended 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.

The court 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 Thane District. The court noted that the insurance company did not examine any witness to prove that taking the rickshaw outside Thane District was breach of permit and that it amounts to breach of terms policy

The court further 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 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 court held that all three claimants are entitled to Rs. 40,000/- each as consortium amount, Rs 15,000/- compensation for funeral expenses and Rs 15,000 for loss of estate.

The tribunal had awarded Rs. 70,000/- for funeral expenses, loss of love and affection, and consortium. Therefore, the court awarded an additional Rs 80,000/- to the claimants.

Case no. – First Appeal No. 111 of 2019

Case Title – The Iffco Tokio General Insurance Company Ltd. v. Bhagyashri Ganesh Gaikwad

Citation: 2023 LiveLaw (Bom) 176