MV Act | Can a Widow After Remarriage Claim Compensation for Husband's Death? Gujarat HC Answers

Can a Widow After Remarriage Claim Compensation for Husband's Death in Road Accident? The Gujarat High Court has dismissed an appeal filed by an insurance company that sought to deny compensation to a widow on the ground that she had remarried. The order was passed by Justice L. S. Pirzada, addressing the question of whether a widow after remarriage can claim compensation for death of her prior husband in motor vehicle accident. 

Background of the Appeal 

The appeal was filed by United India Insurance Company Limited under Section 173 of the Motor Vehicles Act, 1988. It challenged the Judgment and Award dated 29.09.2017 passed by the Motor Accident Claims Tribunal. 

The respondents were Ganpatbhai Mathurbhai Patel and others. The widow, the original claimant, is respondent No. 3 in the appeal. The Gujarat High Court noted that rule was served on respondent Nos. 1 and 2, and that respondent No. 3 was served by affixture (service by pasting the notice at the person’s address). 

Facts of the Accident 

On 04.02.2009, the deceased and another person were travelling on a motorcycle. At about 8 PM, a truck dashed against the motorcycle at Rinchhvani Village. The truck was driven in a rash and negligent manner. The rider died in the accident, and his widow then filed MAC Petition seeking compensation. 

Arguments Before the High Court 

Appellant’s Submissions 

Counsel for the appellant submitted that the appeal was preferred solely on the ground that the claimant widow had remarried immediately after the incident. It was further submitted that the Tribunal erred in holding that the widow was dependent on the income or estate of the deceased after his death on 04.02.2009, despite her having remarried immediately. 

The appellant relied heavily on the judgment in Anju Mukhi v. Satish K. Bhatia (1996 CaseBase (MP) 219). On that basis, it argued that the appeal should be allowed and the Tribunal’s judgment and award quashed and set aside. 

Court’s Findings 

Can a Widow After Remarriage Claim Compensation? 

The Gujarat High Court noted that the sole ground of challenge raised by the Insurance Company was that the widow remarried shortly after the accident and, therefore, was not entitled to compensation. The Bench held that the issue is “well settled” by two judgments: 

• The Delhi High Court in Dincy Devassy v. United India Insurance Co. & Ors (2019 CaseBase(DEL) 5175). 
• The Telangana High Court in M.A.C.M.A. No. 2946 of 2009. 

As highlighted by the Gujarat High Court, these judgments establish that the remarriage of a widow cannot be a ground for rejecting her claim for compensation. The Bench recorded that such compensation is awarded on account of the death of her husband and the trauma and loss suffered by her as a consequence. 

Accordingly, the Gujarat High Court found the appeal devoid of any merits and dismissed the same, while confirming the judgment and award passed by the Tribunal.