Motor Accidents Claims | Widow Entitled To Compensation For Loss Of Dependency Even If Employed Or Remarried: Kerala High Court

The Kerala High Court recently clarified that a widow is not disentitled to compensation under the head of loss of dependency for the reason that she is employed or remarried subsequent to her husband's death in a motor accident.Justice Sobha Annamma Eapen held:“The material date for deciding the compensation is the date of accident/death. Any subsequent act cannot deprive her from compensation. Though she had a job at the time of accident, that cannot be a reason to deprive her from dependency compensation because, the claim petitioner was also in her young age at the time of accident and death of the husband has resulted into loss of dependency…a view is taken by the court disentitling a woman on account of her remarriage, the court will be discouraging the widow from remarrying, after her husband's death.”The Court was considering an appeal preferred by the widow of a man, who died in a motor accident in 2009, when a bus driven in negligent manner hit on his motorcycle. After the death, in 2011, the wife had approached the Tribunal seeking compensation of 20 lakhs but was awarded only Rs. 4,60,800. The Tribunal had not awarded any compensation towards loss of dependency on ground that the wife was working at the time of accident and a non-dependent spouse of the deceased, who later remarried, is not entitled to compensation under the afore head. Aggrieved, she appealed before the High Court seeking enhancement of compensation.The insurance company contended that the dependency of the wife shifted to her new husband since she remarried during the pendency of the claim petition before the Tribunal. However, the Court remarked that this was not correct and referred to the decisions of various High Courts wherein the remarried widow was awarded compensation for dependency.Considering the positions of law laid down by the Supreme Court in Sarla Verma's case and Pranay Sethi's case, the Court awarded an additional amount of Rs. 11,28,192 under the head of loss of dependency.It reduced the amount granted by the Tribunal as funeral expenses from Rs. 25,000 to Rs. 15,000. The Court also awarded a total compensation of Rs. 18,150 as compensation towards loss of estate. An additional amount of Rs. 38,400 was awarded as loss of consortium over and above the Rs. 10,000 awarded by the Tribunal. Rs. 10,000 awarded by the Tribunal as loss of love and affection was deleted since it would amount to duplication.The compensation awarded under the other heads were interfered with. The Court, thus, allowed the appeal in part and the widow was awarded an additional amount of Rs. 11,64,742 over and above the Tribunal's award with 7.5% interest per annum, excluding the period of delay of 657 days in filing the appeal.Case No: MACA No. 495 of 2016Case Title: K.G. Manjumol v. New India Assurance Co. Ltd.Citation: 2026 LiveLaw (Ker) 167Counsel for the appellant: Pratheesh P., Reny AntoCounsel for the respondent: Lal K. Joseph – Standing counsel – New India Assurance Co. Ltd.Click to Read/Download Judgment

Motor Accidents Claims | Widow Entitled To Compensation For Loss Of Dependency Even If Employed Or Remarried: Kerala High Court

K. Salma Jennath

Tags