Insurance company told to pay widow
Remarried woman entitled to receive compensation for deceased
Chennai: A widow, after remarriage, is entitled to receive compensation for the death of her deceased husband, held the motor accident claims tribunal, Chennai. Chief judge, small causes court, B. Gokuldas, was disposing of a petition filed by B. Priya, 25, and two others.
Balaji, 28, a realtor and partner in a cellphone shop, was returning to Chennai from Tiruchy in a car in June 2011, with others. Senthil, who drove the vehicle in a rash and negligent manner, lost control of the vehicle and rammed it against a lorry parked on the roadside at Pancha Vallikuppam, near Ulundurpet.
In the impact, the occupants suffered injuries and Balaji died on the spot. His wife Priya and his parents, Kasthuri and Rajendran, filed the petition seeking compensation of '20 lakh from the owner of the van, Syed Mohamed, and IFFCO-Tokio general insurance company, the insurer of the vehicle.
They contended that the family depended on the income of Balaji.
Despite notices, Syed Mohamed did not appear before the court. Denying the averments, the insurance firm submitted that Priya, who was remarried, had lost her right to seek compensation.
Rejecting the contention, chief judge Gokuldas cited the orders of the Madras high court and its bench in Madurai in writ petitions, Selvi vs K. Alagarsamy and others, United India Insurance vs Asha Rani, which held that widow remarriage should be encouraged so that widows are relieved from social stigma attached to widowhood.
The court also held that the widow is entitled to receive compensation of the deceased husband despite her remarriage.
Chief judge Gokuldas directed the owner and the insurance company to pay compensation of '7.37 lakh with an interest of 7.5 per cent. The amount shall be divided equally among the trio, he ordered.