The Gujarat High Court has dismissed an appeal filed by United India Insurance Company, holding that a widow’s remarriage cannot be a ground to reject her claim for compensation following her husband’s death in a motor accident.
Background
The matter arose from a motor accident on February 4, 2009, at Rinchhvani Village in which Kamleshbhai Hirabhai Pateliya died after a truck collided with the motorcycle on which he was travelling.
Following his death, his widow, Kamlaben, filed a compensation claim before the Motor Accident Claims Tribunal (Main), Panchmahals at Godhra, in MAC Petition No. 708 of 2011.
The Tribunal passed an award on September 29, 2017. However, United India Insurance Company challenged the decision before the High Court, arguing that Kamlaben had remarried shortly after the accident and, therefore, could not be treated as dependent on her deceased husband.
The insurance company relied on the Supreme Court's decision in Anju Mukhi v. Satish K. Bhatia, reported in 1998 ACJ 400, and sought to have the Tribunal's award set aside.
Its appeal was based solely on the ground that the claimant had remarried immediately after her husband's death.
Justice L. S. Pirzada examined the issue and referred to decisions of the Delhi High Court in Dincy Devassy v. United India Insurance Co. & Ors. and the Telangana High Court in M.A.C.M.A. No. 2946 of 2009.
The Court observed:
"The said judgments establish that the remarriage of a widow cannot be a ground for rejecting her claim for compensation, as such compensation is awarded on account of the death of her husband and the trauma and loss suffered by her as a consequence thereof."
The Court thus declined to accept remarriage as a sufficient reason to deny the widow's compensation claim.
Finding no merit in the insurance company's challenge, the Gujarat High Court dismissed First Appeal No. 1757 of 2018 and confirmed the Motor Accident Claims Tribunal's judgment and award dated September 29, 2017.
