Compensation to mishap victim’s kin cut as woman remarries

The Delhi High Court has reduced the compensation awarded to a road mishap victim's family by over rupees four lakhs on the ground that the woman remarried shortly after his death,bringing down the number of his dependents and their liabilities on the insurance firm.

Written by Agencies | New Delhi | Published:February 16, 2012 7:11 pm

The Delhi High Court has reduced the compensation awarded to a road mishap victim’s family by over rupees four lakhs on the ground that the woman remarried shortly after his death,bringing down the number of his dependents and their liabilities on the insurance firm.

“The overall compensation is reduced from Rs 26,78,800 to Rs 22,53,176. The sum of Rs 4,25,624 shall be refunded to the appellant Oriental Insurance Company,” said Justice G P Mittal while allowing the insurance firm’s plea for reduction of compensation amount awarded to deceased family last year.

The court gave its ruling on the insurance firm’s plea that the amount awarded to the man’s family should be reduced as the deceased’ wife had re-married after two years and ten months of her husband’s death in 2005.

The insurance company also contended that as she had got married,now she could not be considered as a dependent anymore.

Allowing the plea,the court also observed that since the woman had remarried,she would not be considered as dependent after the date of her remarriage.

“Thus,the first respondent (wife) would be entitled to compensation only till the date of her re-marriage,” the court said in its judgement,while asking her to refund the amount received after her marriage.

The Motor Accident Claims Tribunal had on July 28,2011 awarded a compensation of Rs 26.78 lakh to the family of the victim,who was 34-year-old at the time of his death.

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