Widow Remarriage Compensation Case: The Telangana High Court, in one of its important decisions, made it clear that the compensation payable to a widow after her husband’s death in a road accident does not end with her remarriage. Justice MG Priyadarsini of Telangana High Court said that remarriage cannot be considered as compensation for the economic loss which the woman suffered due to the death of her first husband.
Remarriage does not end the right to compensation
The High Court said that if the woman’s deceased husband was alive then the question of her remarriage would not have arisen. The mental and financial loss that a woman suffers after the death of her husband cannot be completely compensated by remarriage. The High Court also accepted that even after remarriage in the society, the woman does not get the same security and social status as before, hence the right to compensation remains.
Mother and wife got separate claims
This case is related to a road accident that took place in the year 2000, in which Nagaraju died. Subsequently, both his wife and mother had filed separate applications for compensation. Motor Accident Tribunal had given a claim of Rs 4.20 lakh to the mother and Rs 2 lakh to the wife.
The deceased challenged the claim received by the daughter-in-law
Then the mother of the deceased Nagaraju appealed in the Telangana High Court and challenged the claim received by her daughter-in-law. His argument was that the daughter-in-law remarried within 10 months of the husband’s death and she should no longer have the right to claim.
All legal heirs of the deceased are entitled to compensation
However, the Telangana High Court rejected this argument. The High Court said that under Section 166 of the Motor Vehicles Act, all the legal heirs of the deceased Nagaraju are entitled to compensation. There is no provision anywhere that this right will be lost after the woman’s remarriage. The High Court clarified that remarriage cannot be made a hindrance in the claim and the rights of the widow are protected under the law.
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