Observing that after death of husband remarriage can not be a taboo to get a compensation, the Bombay High Court dismissed the appeal filed by Insurance Company.
The single-judge bench of Justice SG Dige noted that one cannot expect that for getting compensation of deceased husband, the widow has to remain widow for life time or till getting compensation.
Brief Facts of the Case
The deceased was a pillion rider on said motorcycle. At the time of incident, he was crossing road when a rickshaw driven in rash, excessive and negligent manner dashed to the motorcycle. This caused him to fell down on road, sustained multiple injuries and eventually he died.
The Claimants filed Claim Petition for getting compensation before the Tribunal which passed judgment and order. The Insurance Company has challenged the decision. It is their contention that the driver drove the offending rickshaw outside the jurisdiction and thereby violated the terms and conditions of the permit and therefore appellant-Insurance Company is not liable to pay any compensation to the Claimants.
The learned Counsel further submitted that the Claimant-wife of deceased remarried after his death. Hence, she is not entitled for the compensation and income of deceased is considered on higher side.
High Court's Observation
With regard to the contention that there was breach of terms and conditions of insurance policy, the Court reflected on the Tribunal's observation that it is settled position that breach of terms and conditions of policy are quite different than the breach of terms and conditions of permit issued by the RTO Authority.
"The permit was issued for the purpose of plying the rickshaw and giving the service within the District Thane. However, it does not preclude the Opponent No.1 to carry the rickshaw out of the jurisdiction of District Thane. I do not find any infirmity in it. In my view the Appellant’s have not examined any witness to prove that taking offending rickshaw outside the jurisdiction of Thane District was breach of terms of permit, and it amount’s to breach of terms and conditions of insurance policy."
In respect of, issue of remarriage of claimant-wife, the Court was of the view that at the time of death of her husband, she was 19 years old andThereafter, she filed a Claim Petition for getting compensation, during pendency of the Claim petition she re-married and one cannot expect that for getting compensation of deceased husband, the widow has to remain widow for life time or till getting compensation.
"Considering her age, and at the time of accident, she was wife of deceased, is sufficient ground that she is entitled for the compensation. Moreover after death of husband remarriage can not be a taboo to get a compensation."
The Court went on to dismiss the appeal.
CASE TITLE: The Iffco Tokio General Insurance Company Ltd. vs Smt. Bhagyashri Ganesh Gaikwad
CASE DETAILS: FIRST APPEAL NO. 111 OF 2019
CORAM: Justice SG Dige
Advocates for Petitioner: Mr. Vikrant Purashurami a/w Rama Naik
Advocates for Respondent: Mr. Uday B. Nighot
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