Kochi: In a significant ruling, the Kerala High Court has declared that a woman does not lose the claim to her deceased husband's accident insurance even if she remarried.
The woman, whose husband died in an accident three months after their wedding, had remarried a couple of years later. The HC also dismissed the insurance company's contention that the woman's claim should be reduced as she had remarried.
Muvattupuzha native Anil Abraham was killed when a car rammed his bike on the Ernakulam-Palarivattom Road in January 2002, three months after his marriage. His wife, who was 21 years old, had remarried after three years.
Justice N Nagaresh has upheld the appeal submitted by Anil's wife and parents. The company, United India Insurance, claimed that the woman had remarried in 2005, when the insurance claim case was ongoing.
Verdict reflects social changes
The court observed that today's society does not expect a young woman, who lost her husband, to spend her remaining years in mourning.
"The social and financial changes brought about by time should reflect on legal thinking as well. The notion that a woman cuts off her ties with her first husband's family after remarriage is an age-old concept. There could be people who keep good relationships with his parents and siblings, and continue to care for them," the court said.
The woman in this case did not seek a divorce. She was forced to remarry after her husband's death.
The loss suffered by a woman on her husband's demise does not get nullified by getting a job or through remarriage. The mental distress suffered by the woman due to her husband's death needs to be taken into consideration, the court pointed out.
Low award at first
The court also termed as 'meagre', the compensation amount calculated by the tribunal based on various factors, including the deceased's salary.
The tribunal had approved a compensation amount of Rs 7,64,500 with 25 per cent share for the wife and 75 per cent for the parents. The insurance company had handed over this amount as per the tribunal's order.
An appeal was filed in the High Court, seeking to increase the compensation amount.
The HC categorically stated that the appellants had the right to receive Rs 23.2 lakh as compensation.
The court also directed that the remaining amount should be given along with interest within a month.
