Widow's Remarriage No Ground To Deny Compensation For Husband's Death In Motor Accident: Gujarat High Court
The Gujarat High Court has reiterated that remarriage of accident victim's widow is no ground for rejecting compensation claim, as the amount is awarded on account of the death of her husband and the trauma suffered by her as a consequence thereof. [2026 LiveLaw (Guj) 308]
The court was hearing United India Insurance Company Limited appeal against order passed by the Motor Vehicle Tribunal granting accident compensation.
The deceased was driving a motorcycle when a truck dashed against the motorcycle leading to the deceased's death. The claimant, the widow, filed a claim petition seeking compensation before the Tribunal which was awarded.
Against this the insurance company moved the high court on the sole ground that the widow remarried shortly after the accident and, therefore, is not entitled to compensation.
Justice LS Pirzada observed that the issue was well settled by the judgments of the Delhi High Court in MAC.APP. No. 26 of 2019, in the case of Dincy Devassy v. United India Insurance Co. & Ors., and the Telangana High Court in M.A.C.M.A. No. 2946 of 2009.
"The said judgments establish that the remarriage of a widow cannot be a ground for rejecting her claim for compensation, as such compensation is awarded on account of the death of her husband and the trauma and loss suffered by her as a consequence thereof," the court said.
The court thus dismissed the appeal.