Madras High Court Directs Centre And Nigerian Embassy To Pursue Request Of Women Claiming Compensation For Husband’s Death In Nigeria

Justice B Pugalendhi observed that the court was not in apposition to issue any positive direction as Nigeria was not included in the compendium issued by the Ministry of Overseas Indian Affairs for getting reliefs for Indian Nationals who died abroad. However, considering that the petitioners were young poor widows who could not pursue litigations in Nigeria, the court directed the Centre and the respective embassies to pursue representation with the company where the husbands were employed as per the compensation rules in Nigeria.

“However, considering the fact that the petitioners have lost their husbands at a very young age and are fighting for the compensation, which they are legally entitled to from the Private Company at Nigeria, for the past 11 years and that the respondents 1 to 5 have also forwarded the petitioners' representations for necessary action, this writ petition is disposed of with a direction to the respondents 3 & 5 to pursue the claim of the petitioners with the Company, which employed the petitioners' husbands, to pay adequate compensation as per the Rules in Nigeria, within a period of six months from the date of receipt of a copy of this order,” the court said.

The husbands of both petitioners had died in an accident while they were travelling in the company car in Nigeria in 2013. The petitioners had requested to arrange the insurance amount and also made representations in this regard and had approached the court seeking directions to the Ministry of Home Affairs and the Ministry of Overseas Indian Affairs (Emigration Division).

The court was informed that both ministries had acknowledged the applications and forwarded them to the company and the Indian Embassy in Abuja for necessary action.

Though the only remedy available to the petitioner women was to pursue litigations against the company, the court noted that there was a responsibility upon the Ministries to take appropriate action through the Embassies to redress their grievances.

Thus, considering the facts of the case, the court ordered accordingly.

Counsel for the Petitioner: Mr.C.Venkatesh Kumar

Counsel for the Respondent: Mr.K.Govindarajan, Deputy Solicitor General of India, Mr.G.V.Vairam Santhosh, Additional Government Pleader

Citation: 2023 LiveLaw (Mad) 328

Case Title: Jemima Arumaithai and Another v The Secretary to Government and Others

Case No: WP(MD)No.15498 of 2014