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The Punjab and Haryana High Court has pronounced this important decision. The High Court described the second marriage as a woman’s personal decision and said that even after the second marriage, the wife is entitled to compensation on the death of the first husband.
The High Court dismissed the petition of an insurance company challenging the decision of the Motor Accident Claims Tribunal, Rewari, to deem the widow of the deceased entitled to compensation even after remarriage.
The High Court said that remarriage after the death of the husband is a completely personal decision of the wife in which no one has the right to interfere. While filing the petition, the insurance company and the parents of the deceased sought modification of the order of the Motor Vehicle Claims Tribunal. The petition contended that Joginder Singh died in a collision between a school bus and a motorcycle on March 3, 2010. .
In this case, MACT Rewari fixed a compensation of 18 lakh rupees and issued an order to pay 40 percent of it to the widow of the deceased. It was argued in the High Court that after remarriage the wife of the deceased is not dependent on him and in such a situation no compensation should be given to her.
After hearing all the parties, the High Court said that the widow of the deceased had remarried in 2013. When the first husband was alive, she lived with him and was completely dependent on him. Remarriage after the death of the husband is her personal decision in which no one has the right to interfere.
Even after remarrying, she cannot be deprived of compensation due to the death of her first husband. In such a situation, the demand of the deceased’s family and the insurance company has been completely rejected by the Punjab-Haryana High Court.
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