Widow who has remarried entitled to relief, Bombay HC says

MUMBAI: Just because a woman has remarried does not disentitle her from receiving compensation for the accidental death of her first husband, the Bombay high court has ruled. Six years after a Vile Parle resident Sandeep Purandare died when a dumper hit his bike on the Western Express Highway, a division bench of Justice S C Dharmadhikari and Justice R Y Ganoo ordered that 20 per cent of the compensation amount of over Rs 67 lakh will go to his widow Sunita (name changed), who has since remarried and looks after the couple's child.

"Nothing has been pointed out to us in law which would disable Sunita to claim compensation only because she has remarried during the proceedings before the Motor Accidents Claims Tribunal," said the judges, adding, "The law postulates grant of just compensation to the claimants. That she was married to deceased Sandip and had given birth to a girl child is undisputed. That she has lost the company of Sandip and will have to take care of the child even after remarriage ought to have therefore weighed with the Tribunal while awarding compensation."

The court ordered that a large part of the compensation amount to be paid by the insurance company and the owner of the dumper -- 60 per cent -- would go to the couple's 11-year-old daughter. "We hold that she would require (a) substantial amount for her education, marriage and for day-to-day maintenance. It is possible that she would require (a) substantial amount for her education such as education in medical/engineering faculty," said the judges, ordering that her share of the compensation be deposited in a nationalised bank.

The interest would be paid to Sunita to take care of her daughter's expenses and withdraw some part for higher education. The remaining amount would be paid to the daughter when she attains adulthood. The court ordered that the remaining 20 per cent of the compensation should go to Sandip's mother.

Sandip, who used to work with L&T, was riding his bike on the Western Express Highway on July 5, 2007 when a dumper truck hit him at the Gold Spot junction, killing him. The accidents tribunal awarded the family compensation of Rs 30 lakh. The family filed an appeal before the high court. The court agreed the calculations were not done properly and the rise in income if Sandip had been alive, too, was not taken into account. The HC increased the compensation amount to Rs 66.98 lakh, along with interest, and also ordered that the family should be paid an additional amount of Rs 30,000 as litigation costs.

Original NEWS Source:- http://articles.timesofindia.indiatimes.com/2013-12-19/india/45376440_1_compensation-amount-motor-accidents-claims-tribunal-sandip