Remarriage no ground to deny compensation to accident victim's widow, rules HC

Remarriage of a widow cannot be a reason to deny compensation to her under the Motor Vehicles Act for the death of her husband in a road accident the Bombay High Court has said while dismissing an insurance companys petitionIffco Tokio General Insurance Company had filed the petition in the high court challenging the order of a Motor Accidents Claim Tribunal MACT which had directed the company to pay compensation to the woman whose husband was killed in a road accident in 2010A singlejudge bench of Justice S G Dige on March 3 decided the appeal of the insurance company Its detailed order was made available recentlyThe counsel for the firm had submitted that since the claimant the wife of deceased Ganesh remarried after his death she is not entitled to get compensationThe court however held that one cannot expect that for getting compensation for the death of her husband she has to remain a widow for life or till she gets the payoutAlso read Anushka Sharma is liable to pay tax Sales Tax dept tells Bombay High CourtThe court noted that it appears from the record that at the time of the death of her husband the woman was 19 years oldConsidering her age and the fact that she was the wife of the deceased at the time of the accident is sufficient ground for her to get compensation it saidMoreover after the death of a husband remarriage cannot be a taboo to get compensation the court heldThe womans husband had met with an accident in May 2010 when he was on a motorcycle as a pillion rider When the motorcycle was crossing the MumbaiPune highway and heading towards Kamshet an autorickshaw rammed into the twowheeler leading to Ganeshs deathThe firm had contended that it cant be held liable to pay the compensation as the autorickshaw was only permitted to ply within Thane districtHowever the judge said I do not find any infirmity in it In my view the appellants have not examined any witness to prove that taking the offending rickshaw outside the jurisdiction of Thane district was a breach of the terms of permit and it amounts to breach of terms and conditions of insurance policyHence I do not see merit in the contention of learned counsel for appellant that there was breach of terms and conditions of insurance policy Justice Dige said while dismissing the appealThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever