Can A Widow Claim Compensation Under Motor Vehicles Act After Remarriage? Bombay HC Answers

The Single Judge bench of the Bombay High Court comprising Justice SC Duge has recently observed that a widow can claim compensation under the Motor vehicles Act even after remarriage as the fact that she has married again cannot be a reason to refuse her the compensation. 

The court was hearing the case Iffco Tokio General Insurance Company v. Bhagyashri Gaikwad and did not accept the contention of the insurance company that she cannot claim compensation as she has married again.

In the matter at hand the deceased husband of the widow was riding a motorcycle and got into an accident while crossing Mumbai- Pune road for going towards Kamshet. After the accident, the claimants filed a claim petition for getting compensation before the tribunal but the appellant contended that they are not liable to pay any compensation as the husband drove in a rash manner and hence violated the terms and conditions of the permit. The insurance company also said that since the widow of the deceased has since remarried, she cannot claim compensation.

The court delved into the understanding of Section 166 of the Motor Vehicles Act and observed that all or any legal representative of the deceased can file an application for compensation.

In respect of the income of the deceased the court observed that the deceased was doing fabrication work and he was also getting income from the agricultural field, and he was getting income at Rs.10,000/- per month. The court further noted that the Tribunal has considered Rs.5,000/-per month as monthly income of the deceased. I do not find any infirmity in it.Further,no evidence was produced on record with respect to income from fabrication work. The income from agricultural work can be considered as supervisory income. Hence, notional income considered by the Tribunal is proper.

The bench noted that Section 168 of Motor Vehicles Act states about just compensation. The consortium amount is being awarded to the legal heirs of deceased on the basis of parental consortium, spousal consortium and filial consortium. The Claimants are entitled for consortium amounts.

In the light of the aforementioned the court directed that  The Claimants are entitled for Rs.80,000/- as additional amount @7.5 per cent per annum from 1 October 2017 till realization of the amount. Further, the high court directed the Appellant to deposit the additional amount along with accrued interest thereon within four weeks, after receiving this order.