Widow’s remarriage no ground to deny dependency claim over husband’s death in motor accidents, rules Kerala High Court

The court ordered grant of an additional amount of Rs 11.28 lakh under the head loss of dependency to the widow. It observed that the disallowance of dependency compensation by the tribunal  was unjustifiable.

‘Totally unjustifiable’

• Admittedly, the claimant was the wife of the deceased at the time of accident.
• Though the accident was in the year 2009, the claim petition was filed in the year 2011, while the petitioner was unmarried.
• Thereafter in 2013 during examination before the tribunal, she had deposed that she remarried a panchayat employee.
• Though she had a job at the time of accident, that cannot be a reason to deprive her from dependency compensation because, the claim petitioner was also in her young age at the time of accident and death of the husband has resulted into loss of dependency.
• The appellant had to remarry due to the untimely death of her husband. If a view is taken by the court disentitling a woman on account of her remarriage, the court will be discouraging the widow from remarrying, after her husband’s death.
• This court in Glanis and others v Lazar Manjila and others held that while computing compensation for dependency of a widow on the death of her husband under Section166 of the Motor Vehicles Act, 1988, her remarriage shall not be a decisive factor.
• The Bombay High Court in Bajaj Alliance General Insurance Company Ltd v Pushpa Narayan Khurde and others took a similar view and awarded compensation to a widow who remarried.
• The death occurred in 2009.
• Though she was employed at the time of accident, being the wife of the deceased, having lost her husband at a very young age, the disallowance of dependency compensation by the tribunal is totally unjustifiable.
• The appellant is entitled to compensation under the head loss of dependency.
• However, the compensation awarded by the tribunal under the head loss of estate has to be deducted from the compensation now being awarded by this court under the head loss of dependency.
• The appellant is awarded an additional amount of Rs 11.64 lakh over and above the amount awarded by the tribunal with interest at the rate of 7.5% per annum from the date of petition till realisation and proportionate costs.

What was the case?

• According to the claimant, the late husband of the claimant was riding the motorcycle when a bus hit the motorcycle as a result of which he sustained serious injuries and succumbed to the injuries.
• The claimant, being the widow of the deceased, approached the tribunal claiming a total compensation of 20 lakh.
• After analysing the pleadings and materials on record, the tribunal awarded a sum of Rs 4.60 lakh as compensation under different heads with interest.
• Dissatisfied with the quantum of compensation awarded by the tribunal, the claimant, who was the legal heir of the deceased, approached the high court.