High Court’s big comment: ‘Second marriage does not heal the wound of husband’s death, compensation will have to be paid’

Hyderabad: Telangana High Court has given a very important and sensitive decision regarding the second marriage of a widow after the death of her husband. The court has made it clear that if a woman remarries after the death of her husband in a road accident, then the compensation she gets cannot be stopped on this basis alone.

Remarriage does not compensate for financial and mental loss.

Telangana High Court Justice M.G. While hearing the case, Priyadarshini said that remarriage cannot be considered as compensation for the financial and emotional loss that a woman suffered due to the death of her first husband. The court made a strong comment and said that if the woman’s husband was alive, the question of remarriage would not have arisen. The void and financial crisis caused by the death of the husband cannot be completely filled by second marriage. The court also accepted that even after remarriage in the society, the woman often does not get the same social status or security which she had earlier, hence her right to compensation remains intact.

What was the whole matter?

This legal battle started from a tragic road accident in the year 2000, in which a man named Nagaraju died. After the death, both Nagaraju’s wife and his mother had filed separate applications for compensation. At that time the ‘Motor Accident Tribunal’ had ordered a claim of Rs 4.20 lakh to the mother of the deceased and Rs 2 lakh to the wife.

Mother-in-law herself challenged daughter-in-law’s claim

The turning point in the case came when the mother of deceased Nagaraju appealed in the High Court against the compensation given to her own daughter-in-law. The mother-in-law’s argument was that her daughter-in-law had remarried just 10 months after her husband’s death, hence she should not have any legal right to compensation.

What does the law say? High Court bluntly

Telangana High Court rejected the mother-in-law’s arguments outright. The court clarified that under Section 166 of the Motor Vehicles Act, all the legal heirs of the deceased are entitled to compensation. There is no provision anywhere in the law which says that after remarriage the woman’s right to claim is lost. The court said in clear words that second marriage cannot be made an obstacle in the path of claim and the legal rights of the widow are completely protected.